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(영문) 부산지방법원 2018.01.24 2017고정2314

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a business owner who runs a beauty and beauty business with six full-time workers as the representative of the “C” located in the Si-gu, Busan.

When a worker dies or retires, an employer shall pay a retirement allowance within 14 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 did not pay KRW 5,961,240 of D retirement pay within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the extension of the payment period between the parties, as he/she retired from the said workplace as he/she works in the Hague-dar from September 1, 2013 to September 3, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A petition (-a detailed statement of transactions of deposits and withdrawal), application of Acts and subordinate statutes on the complaint;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

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

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