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(영문) 인천지방법원 2015.10.02 2015고정2485

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a Co., Ltd. C manager located in Nam-gu Incheon Metropolitan City, who runs a clothing retail business using three regular workers.

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 an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant worked in the foregoing workplace from February 15, 2013 to March 22, 2014, and did not pay retirement allowance of KRW 2,636,720 to D within 14 days from the date of retirement ( March 23, 2014) on which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.