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The sentence of sentence against the defendant shall be suspended.
Of the facts charged in this case, violation of the Guarantee of Workers' Retirement Benefits Act.
Reasons
Punishment of the crime
The defendant is a person who operates a motor vehicle maintenance enterprise under the trade name of Gwangju City B.
If an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and if he/she fails to give a notice of dismissal at least 30 days, he/she shall pay the worker C ordinary wages for at least 30 days, but the Defendant did not pay 3,467,680 won of the dismissal allowance corresponding to 30 days’ ordinary wages while dismissing the worker C without giving a notice of dismissal on August 23, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement;
1. Application of Acts and subordinate statutes on a petition;
1. Article 110 of the relevant Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;
1. Penalty fine of 500,000 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 dismissal of prosecution under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do4
1. The summary of the facts charged is that, if an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the ground for payment occurred, the Defendant did not pay the retirement allowance of KRW 4,104,400 to C from July 18, 201 to August 23, 2012 without any agreement on the extension of the payment period within 14 days from the date of retirement.
2. Determination
(a) Applicable provisions of Acts: subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;
(b) Crimes of non-violation of will: the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.
(c) Expression of intention not to punish: The letter of revocation of complaint filed on March 29, 2013, which was after the prosecution of this case was instituted;
(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;