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(영문) 의정부지방법원 2013.10.23 2013고정1012
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the employer who ordinarily employs 40 workers and operates a restaurant (one-day plastic Contract) business, a corporation with the three KMart in the Gu-ri City of Gyeonggi-do.

The Defendant did not pay three persons, including M, who worked from April 1, 2010 to August 10, 2012 at the same place of business, totaling KRW 7,949,010 of retirement allowances, as described in the [Attachment 2, 7, and 11], to three persons, such as M, who worked in the same place of business from April 1, 2010 to August 10, 201, 14 days from each retirement date

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A written petition;

1. To apply Acts and subordinate statutes to the personal delinquent cash and goods, a detailed statement, average wage and retirement allowance calculation statement, and workplace benefit ledger;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. In the facts charged, the Defendant is an employer who ordinarily employs 40 full time workers, who is the Lart representative director of the company with the three Kart in the J at the time of the Gyeonggi-ri-si.

With respect to eight persons, such as B, who worked from April 1, 2010 to September 29, 2012 at the same place of business, the Defendant did not pay 34,717,460 won in total as stated in the separate sheet Nos. 1, 3, 4, 5, 6, 8, 9, and 10 in the separate sheet to eight persons, such as B, etc., from April 1, 2010 to September 29, 201, respectively, for the period of 14 days from

2. The facts charged in this part of the judgment are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's express intent pursuant to the proviso to Article 44 of the same Act. The records of this case are as follows.

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