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(영문) 대구지방법원 2013.05.15 2013고정190
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of Si Gyeongsan City C.

The Defendant worked in the above C from April 9, 2007, but did not pay the total of KRW 1,401,790 on January 27, 2012 of D’s retired on January 27, 2012, and annual allowances of KRW 1,526,160, and retirement allowances of KRW 8,583,146, and KRW 11,51,096 within 14 days from the date of retirement without agreement on the extension of the date.

In addition, the Defendant did not pay the total of KRW 16,343,176 of the wages of E and F retired from office in the foregoing case as indicated in the list of crimes in the attached Form C, within 14 days from the date of each retirement, without agreement on the extension of the due date.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each E, D, and F statement;

1. Application of the Acts and subordinate statutes governing the details of arrears;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (not paying retirement allowances);

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

1. Selection of an 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;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is that the Defendant is the representative of Busan Metropolitan City C, from May 1, 2007 to June 29, 2012, who worked in the above C and retired on March 2012.

6. Failing to pay 16,319,655 won, in total of 5,304,590 won, annual allowances of 2,181,920 won, retirement allowances of 8,833,145 won, within 14 days from the date of retirement, without any agreement on the extension of the due date.

2. The facts charged above cannot be prosecuted against the victim’s express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act.

On January 11, 2013, after the prosecution of this case, the Defendant submitted a letter of withdrawal of complaint to the effect that the victim does not want the punishment of the Defendant, which is the date of the prosecution of this case, this part is pursuant to Article 327 subparagraph 6

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