beta
(영문) 창원지방법원 마산지원 2013.12.10 2013고정452

근로기준법위반등

Text

Of the facts charged in the instant case, a sentence against the Defendant on the violation of the Guarantee of Workers' Retirement Benefits Act is pronounced.

Reasons

Punishment of the crime

The defendant is the actual owner of the D frequency collection in Msan City, who employs two full-time workers and operates food business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 1,457,742 of E’s retirement pay from May 3, 201 to November 7, 2012 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

1. Penalty fine of 300,000 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. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 59(1)(Article 59(1) of the Criminal Act) (Article 59(1) of the same Act (Article 59(1) of the same Act (Article 59(1) provides that “The amount for which the Defendant may claim restitution of unjust enrichment from E is more than the accrued retirement pay, and F is receiving KRW 70,000 per day).” However, “E” only performs rhythming operations, compared to the fact that the daily amount of KRW 70

1. The summary of this part of the facts charged is that the Defendant, as a business owner of Msan City, is an employer who operates food business by employing two regular workers as a business owner of D frequency collection.

When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to such dismissal, and when he/she fails to do so prior to such thirty days, he/she shall pay the ordinary wages for not less than thirty days.