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(영문) 서울남부지방법원 2016.11.10 2016고정32
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd., which is inHanam-si, who runs the wholesale and retail business of agricultural and fishery products.

The Defendant, while working in the above company from April 7, 2008, was on and around November 25, 2013, did not pay 4,600,000 wages and retirement allowances and 6,346,230 won to D workers who retired from office within 14 days from the date of retirement without an agreement on the extension of the due date, and did not pay 9,303,830 won in total and 22,84,725 won in total for eight workers as stated in the attached crime list, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of E, F, G, and H;

1. Statement of statement to D or I by the police;

1. Application of the police protocol protocol to J and K

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act (Attached Table 4 through 6 of the Act on the Protection of Workers' Retirement Benefits and each of the violations of the Act on the Protection of Workers' Retirement Benefits) of each of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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