근로자퇴직급여보장법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative of C with the 130th floor of the 1st floor of the building in Bupyeong-gu, Seocheon-gu, the defendant is an employer who operates a service business (the four-day shop) by using three full-time workers.
The Defendant, at the same place of business, served as a four-day list from May 21, 2012 to May 31, 2015, and did not pay KRW 5,410,215 of D retirement pay within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. D’s written petition (the Defendant asserts that there is no obligation to pay retirement allowances as he/she paid monthly pay to D including retirement allowances while paying monthly pay. The agreement to pay a certain amount in advance with the monthly pay or daily pay that the employer and the employee pay, along with the monthly pay or daily pay that the employee pays (hereinafter “agreement on the division of retirement allowances”).
(2) In light of the above, the Defendant’s assertion on the premise that the Defendant’s obligation to return unjust enrichment under the name of retirement benefits exists is without merit, unless it is acknowledged that there was an interim settlement of accounts for retirement benefits under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act, and thus, is null and void in violation of Article 8 of the same Act, which is a mandatory law (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010; Supreme Court Decision 2009Do8248, Oct. 13, 2011).
1. Article 44 (1) and Article 9 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;