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(영문) 창원지방법원 통영지원 2015.02.12 2014고단1180

근로자퇴직급여보장법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an employer who runs a vessel processing business using 120 full-time workers under the trade name of “D” in C Co., Ltd. located in B at the time of macroscing.

In addition, the Defendant did not pay KRW 13,894,895 of retirement allowances of employees E who worked from November 24, 2008 to June 30, 2014 at the above workplace, and did not pay KRW 115,541,05 in total for 12 employees, as stated in the details of personal delayed payment money and valuables in the attached Form, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written complaint and a written complaint;

1. Application of Acts and subordinate statutes concerning details of personal arrears;

1. Article 44 of the Guarantee of Workers' Retirement Benefits Act and Articles 44 subparagraph 1 and 9 of the same Act 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. Article 62 (1) of the Criminal Act on the stay of execution (including circumstances, etc. that prevent the payment of retirement benefits due to the difficulties in operating the enterprise, in addition to once a fine is imposed on the accused);