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(영문) 울산지방법원 2013.12.13 2013고정832

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of 300,000 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 a business owner who operates a general restaurant using ten regular workers under the trade name of Ulsan-gu D Ecafeteria located in Ulsan-gu, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from April 1, 2010 to November 2, 2012.

The retirement allowance of retired FF was not paid 2,822,420 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

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. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is a business owner who operates a general restaurant with ten regular workers under the trade name of Ulsan-gu D Ecafeteria located in Ulsan-gu.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from January 26, 2010 to November 2, 2012.

The retirement allowance of C was not paid 4,253,420 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The above facts charged are crimes falling under subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and the proviso to the same Article.