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(영문) 창원지방법원 2017.10.18 2017고정528

근로자퇴직급여보장법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who is the representative of C in Kimhae-si and operates a manufacturing business of heavy equipment parts with nine full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 1,989,234 of the retirement pay balance of D's retirement pay within 14 days from the date of the occurrence of the cause of the occurrence of the payment, without any agreement between the parties on the extension of the payment deadline, to the extent that the Defendant was employed in contact with the above workplace from July 14, 2014 to September 24, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the said documents and written statement by an agent;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

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

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