logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.05.16 2013고정1027
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of Gangnam-gu Seoul Metropolitan Government C, who employs 10 full-time workers and conducts an advertising agency business.

1. The Defendant, who was working for the said company from March 25, 2010 to May 24, 2012, did not pay an amount equivalent to KRW 3,740,829 in total, including KRW 556,350, and retirement allowances of KRW 3,184,479, as well as KRW 3,740,829, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

2. The Defendant, who was working for the said company from August 31, 2005 to May 24, 2012, did not pay an amount equivalent to KRW 25,747,178 of the total amount of KRW 990,130 and retirement allowances of KRW 24,757,048, etc. for retired workers E within 14 days from the date of retirement, without any agreement on the extension of the payment term between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E and D;

1. Application of the Acts and subordinate statutes on tax withholding for employment income;

1. Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense, and Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) (amended by Act No. 10967, Jul. 25, 201);

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

arrow