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(영문) 서울서부지방법원 2017.05.19 2016고정1496

근로자퇴직급여보장법위반

Text

1. The defendant shall be punished by a fine of 500,000 won;

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

Reasons

Punishment of the crime

The defendant is the representative of Co., Ltd. B 401 in Dongdaemun-gu Seoul Metropolitan Government, who is a full-time employee of 97 workers and engages in residential real estate management business.

Defendant Company was employed as security guards from June 7, 2007 to January 30, 2016 in Mapo-gu apartment that the said Company was entrusted and managed by the said Company, and did not pay KRW 7,432,086 of the retirement pay of the retired employee E within 14 days from the date of retirement, which is the date on which the cause for payment occurred, 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 Acts and subordinate statutes of E;

1. Relevant Article of the Act concerning the facts constituting an offense, and Article 44-1 and Article 9 of the main sentence of Article 44-2 of the Act on the Guarantee of Retirement Benefits for Workers Eligible for Voluntary Retirement;

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

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