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(영문) 인천지방법원 2014.03.25 2014고정806

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The suspect is a C representative in the Nam-gu Incheon Metropolitan City, who employs six full-time workers and operates a food-raising business. From September 8, 2010 to October 4, 2013, the suspect did not pay the total amount of KRW 15,276,526 of the retirement allowances of the retired four workers within 14 days from the date of retirement, as follows: (a) from September 8, 2010 to October 4, 2013.

E G F DH H JI summary of the K evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the petitioner's representative;

1. Application of each relevant statute;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits which are applicable to crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;