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(영문) 부산지방법원 2013.09.26 2013고정3444

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation C located in Busan Young-gu B and 7th floor, who is an employer as a person in charge of business operation who ordinarily employs 14 workers.

From March 7, 2003 to April 30, 2012, D retirement pay of KRW 32,056,160, working as the development team leader at the same place of business, without any agreement between the parties on the extension of the due date for payment, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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