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(영문) 부산지방법원 동부지원 2017.08.09 2017고정183

근로자퇴직급여보장법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

The defendant is an employer who employs the Busan Shipping Daegu C building and 401 full-time 13 workers and operates (State) D.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant worked as a cooking team leader from December 15, 2014 to April 30, 2016 at the same place of business, and the retired employee E's retirement pay of 4,547,670 won, and 4,823,280 won, 280 won, and 3,716, 250 won, total of 13,087,200 won, and 200 won, respectively, from each of the above retirement days to 3,716, 250 won, and 14 days, without any agreement between the parties on the extension of payment date. < Amended by Act No. 12874, Dec. 15, 2014; Act No. 12874, Apr. 30, 2016>

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements of witnesses E, G, F, and H to the Acts and subordinate statutes;

1. Article 44 subparagraph 1 of the Guarantee of the Retirement Benefits of Workers under the relevant Act concerning facts constituting an offense, and Articles 44 and 9 of the same Act;

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

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;