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(영문) 대구지방법원 경주지원 2016.05.11 2015고단413

근로자퇴직급여보장법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

[2015 Highest 449] Criminal defendant is the representative of the Co., Ltd. in B at the time of racing, who has run the facility management business by using 35 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 549,600 won annual allowances of D's retired workers on April 16, 2012 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant worked at the said workplace from October 2, 2010 to April 15, 2012, and did not pay KRW 2,979,695 of the retirement allowances of retired workers D on April 16, 2012 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts (the fact that the goods are not liquidated), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the retirement payment is not paid);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The part dismissing a public prosecution pursuant to Article 334(1) of the Criminal Procedure Act [Attachment 413] of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative of the Co., Ltd., Ltd., B at the time of racing, is an employer who has run the facility management business by using 3

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the defendant on August 25, 201.