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(영문) 전주지방법원 군산지원 2018.02.09 2017고정389

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a manager in the Gunsan-si (State) D, who operates a resale business with 20 full-time workers as a manager in the Gunsan-si.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 12,030,598, which was retired from office from office from July 20, 2012 to June 13, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. A protocol concerning the examination of part of the accused's suspect (including E part of the statement);

1. Statement made by the police for E;

1. A written calculation of average wages and retirement allowances;

1. Characteric message photographs;

1. The place of business, the details of orders, and the place of sales [if an executive officer, such as a director or auditor of a company or corporation, is formally nominal, and in fact, if the executive officer, who has a right to work daily and has a right to work and receives remuneration for the provision of a specified work under the direction and supervision of the representative director or employer, such executive officer constitutes a worker under the Labor Standards

The victim E is registered as a registration director of the Defendant company. However, according to the evidence of the above time, the victim was a member of the Defendant company’s company’s actual operation of the Defendant company’s business, after visiting South and North-west farmers to sell and publicize the Defendant company’s agricultural fertilizers, and collecting the price. [The Defendant sent a letter message stating that the visit area should be reported every day, and the Defendant also urged the Defendant to engage in business activities or instructed specific business activities in writing (round January 6, 2013, “the Defendant should report it by wire”). In addition, the victim treated the oil value, etc. required for one business as the company’s expense.”