logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.12.10 2013고정3059
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Jongno-gu Seoul Metropolitan Government 3rd floor and is a user who runs trade business by employing six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works from November 24, 2003 to February 29, 2012.

Retirement allowance of retired E 12,604,489 won and employment from August 8, 2008 to April 30, 2011.

The retirement allowances of retired FF, including the retirement allowances of 3,49,897 won, were not paid 16,104,386 won in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties concerned about the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. A written petition;

1. Application of Acts and subordinate statutes to each statement of calculation of retirement allowances;

1. Relevant legal provisions and the old Act on the Guarantee of Workers' Retirement Benefits (amended by Act No. 10967, Jul. 25, 201) Articles 31 and 9 of the same Act concerning criminal facts;

1. Punishment of a fine of 1,50,000 won to be suspended on January 2, 500 of the Criminal Act, which is to be imposed on concurrent crimes, as set forth in the former part of Article 37, Article 38 (1) 2, and

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. Article 59 (1) of the Criminal Act of the suspended sentence (the fact that there is no past record of punishment for the defendant, the fact that the payment of retirement allowance to workers has been completed, and all other circumstances, such as character and conduct of the defendant, home

arrow