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(영문) 서울남부지방법원 2013.05.23 2013고정1392
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a manager of the K-gu Seoul Metropolitan Government K-gu, who is a director of the K-gu, the third 701, and operates software development and supply business using 20 full-time workers.

[2013 fixed-term 1392] The Defendant did not pay KRW 639,422 of his retirement allowance retired from his/her place of business within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned, while working in the said place from January 17, 2011 to March 15, 2012.

[2013 fixed-term 1393] The Defendant did not pay N's retirement allowance 6,433,884 won, which was retired from his/her workplace, within 14 days from the date of retirement without any agreement between the parties on extension of the due date for payment, from January 19, 2010 to June 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of M and N;

1. Article 44 of the Act applicable to facts constituting an offense, and Articles 44 subparagraph 1 and 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. The summary of the facts charged is a manager in charge of the third 701 K Building in Guro-gu Seoul Metropolitan Government, who has run software development and supply business using 20 full-time workers.

[2013 fixed-term 1392] The Defendant did not pay the total of 30,256,129 won of wages and retirement allowances of eight workers retired from the above workplace as stated in the list of crimes (excluding M) in the attached Table at the above workplace within 14 days from the date of each retirement without any agreement on extension of the due date between the parties concerned.

[2013 fixed-term 1393] The Defendant (i) worked in the said workplace from July 5, 2010 to June 29, 2012, and (ii) retired from the workplace, and (iii) 939,980 won totaling 469,990 won of the J, and (iv) wages totaling 469,990 won, retirement allowances, 3,815,935 won within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

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