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(영문) 서울중앙지방법원 2013.11.13 2013고정728
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Seocho-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. in the second floor, who employs 15 workers at all times and operates an insurance agency business.

When a worker retires, the employer shall pay wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant did not pay 34,923,680 won in total for four employees, such as D's retirement pay of 4,029,460 won, working from April 1, 2010 to June 30, 2012 at the above workplace, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the Statement of Appellants to D, E, F, and G;

1. Articles 109(1) and 36 of the Labor Standards Act regarding criminal facts, and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits Act (amended by Act No. 10967, Jul. 25, 201) [In cases where a public prosecutor was indicted for unpaid retirement allowances by applying Articles 109(1) and 36 of the Labor Standards Act, the guarantee of workers' retirement benefits shall apply to the unpaid retirement allowances, and this part is only identical to the criminal facts and applicable provisions of the Act, and there is no possibility that the substantial disadvantage to the defendant's exercise of his/her right to defense, and thus, the change of the criminal name and applicable provisions of the Act should be recognized without any changes in the indictment.]

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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