근로자퇴직급여보장법위반
The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, against workers B, C, D, E, and F.
Punishment of the crime
The defendant is the H representative located in Kimcheon-si, who has been operating a manufacturing business with 103 full-time workers.
When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.
Nevertheless, the defendant is working from September 3, 2009 at the above workplace.
On December 1, 2013, an employee I’s retirement allowance of 292,420 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to B
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. Penalty fine of 300,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (the daily calculation amount: 100,000 won);
1. The portion of rejection of prosecution under Article 59 (1) of the Criminal Act (including the fact that the amount of unpaid retirement benefits is not large, and that there is no previous one);
1. The Defendant, as the above employer of the facts charged, is working from July 1, 2007 at the above workplace.
The retirement pay of retired workers B, as of December 1, 2013, KRW 2,977,520, and KRW 1, 207.
Retirement pay of retired workers C 2,398,832 won, and employment from October 3, 2011, as of December 1, 2013
On December 1, 2013, retirement allowances of retired workers D, KRW 651,158, and November 20, 2009.
A retirement allowance of E retired workers on October 24, 2013, KRW 546,443, and December 27, 2007.
On December 1, 2013, the amount of KRW 9,016,664 was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.
2. The facts charged in this part of the judgment are the cases in which the prosecution cannot be instituted against the express will of the victim under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The indictment of this case was made after the prosecution of this case