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(영문) 대구지방법원 김천지원 2019.01.10 2018고단1049

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is the operator of the “C” on the 5th floor of the Gu and the business operator who runs the educational service business using three full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is serving as a vice president from August 14, 2010 to December 14, 2017.

10,037,290 won of retirement allowances of retired workers D was not paid until 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Retirement certificates, detailed statements of transactions, wages and retirement allowances calculation, application of statutes governing certificates of fact-finding of private teaching institutes;

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. Article 62 (1) of the Criminal Act on the stay of execution (a favorable consideration, such as the fact that the defendant commits a crime against the defendant, the fact that the defendant deposited money equivalent to D's retirement allowances and their interests, and the withdrawal of the lawsuit filed by D against the defendant for the payment of retirement allowances, and the fact that D has no criminal record exceeding