근로자퇴직급여보장법위반
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant, as the representative of the “C” in the Mayang-gu B building in Ansan-si, is an employer who conducts bedclothes manufacturing business.
The Defendant did not pay KRW 2,193,447 of retirement pay to workers D who worked in the foregoing workplace from March 19, 2012 to January 29, 2014 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;
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 Selection concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The court shall take into account the following circumstances: (a) considering the fact that a prior conviction of a fine for violating the reason for sentencing under Article 334(1) of the Criminal Procedure Act was four times the previous convictions of a fine for violation of the Labor Standards Act; and (b) considering the fact that the Defendant led to the confession of the crime, the court shall consider the fact that the Defendant paid one million won out of the unpaid retirement allowances to the victim; and (c) taking into account the various circumstances, which form the sentencing conditions of the instant argument and the records, based on the prosecutor’