근로자퇴직급여보장법위반
Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a DNA representative located in Young-gu, Young-si C, who employs 20 full-time workers and operates a service business (postnatal care center).
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by the agreement between the parties if special circumstances exist.
Nevertheless, the Defendant did not pay KRW 7,409,767 of E’s retirement pay from September 1, 2017 to May 31, 2019 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Application of Acts and subordinate statutes to the calculation statement of retirement allowances;
1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;
1. Articles 70 (1) 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 that the Defendant did not pay KRW 2,941,108 of the retirement allowances B, which worked in the workplace from January 1, 2018 to May 31, 2019, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties concerned regarding the extension of the payment.
2. Determination
(a) Crimes of non-violation of will: proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act;
B. Submission of a written application for non-compliance with the punishment of workers B on January 15, 2020 after instituting a public prosecution
(c) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;