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(영문) 창원지방법원 통영지원 2014.03.26 2013고단953
근로자퇴직급여보장법위반
Text

The sentence of sentence against the defendant shall be suspended.

Of the instant facts charged, the number of money and valuables in arrears in attached Table 2013 No. 1.

Reasons

Punishment of the crime

The Defendant is a person who runs a vessel processing business using 100 full-time workers under the trade name of “C” in the E Co., Ltd. located at the time of macro-si.

The Defendant, from around August 1, 2010 to around August 1, 2010, worked as a seal and worked as an employee F’s retirement pay from around June 1, 201 to around October 4, 201, and did not pay KRW 2,891,530 of G retirement pay of retired employee on or around June 1, 201, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes to filing an accusation, a retirement pension subscriber list, a statement of arrears of retirement allowances, a list of workers, a detailed statement of overdue money and other valuables, average wages, and

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. The portion of dismissing public prosecution under Article 59 (1) of the Criminal Act (including the fact that a substitute payment equivalent to the amount of damage has been completed for a victimized worker, and the defendant has no criminal record exceeding a fine);

1. The Defendant in this part of the facts charged is a person who runs a vessel processing business using 100 full-time workers under the trade name of “C” in the E-stock company located D at the time of d.

The Defendant, from around August 1, 2010 to around August 1, 2010, worked as a seal and did not pay KRW 6,058,831 to retired workers I’s retirement allowances on May 31, 2013, and did not pay KRW 307,319,430, in total, 52 employees’ retirement allowances as stated in [Attachment 2013] Nos. 1 to 5,7 through 52, and 54, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

2. The above facts charged are determined.

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