근로자퇴직급여보장법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant was the representative director of the “D” corporation, a motor vehicle maintenance business entity in the Nam-gu Seoul metropolitan area.
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 in extenuating circumstances.
Nevertheless, the Defendant is working from January 1, 201 to October 31, 2013 at the above workplace.
The retirement allowance of 5,427,080 won has not been paid to retired E and the total amount of 39,922,460 won has not been paid for 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police statement statement made to E;
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 Selection concerning facts constituting an offense;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is against the Defendant’s reason for sentencing. The Defendant, as the Defendant, was placed in the fund shortage due to unexpected extra debt after acquiring D, and was unable to pay wages, etc. to the employees. The employees’ refusal to provide labor, resulting in the discontinuation of business, and the employees’ refusal to provide labor, and the Defendant’s refusal to pay the employee’s retirement allowances inevitably in the process, and the Defendant was unable to pay the employee’s wages, etc. in relation to the instant case, based on the fact that he was sentenced to a fine of KRW 2 million at the Gwangju District Court on February 14, 2014.