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(영문) 부산지방법원 2015.11.20 2015고단1283

근로자퇴직급여보장법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who employs approximately thirty full-time workers as the representative of the incorporated association C in Busan Seo-gu, and has them engage in sports facility operation service business.

On September 1, 2011, the Defendant was employed by the above C and worked as the head of the health team, and on August 31, 2014, the Defendant did not pay KRW 6,249,450 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement on the extension of the payment date.

In addition, the Defendant did not pay the total amount of KRW 45,719,940 to 11 employees within 14 days from the date of each retirement without agreement on extension of payment due, as stated in the details of the money and valuables in arrears by each individual.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to a petition, D's statement, copy of a labor contract, and details of a retirement allowance;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, Article 9 of the same Act and the choice of imprisonment concerning facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that he/she has no record of punishment of fine or heavier punishment for the same crime, the amount of unpaid retirement benefits, details of the crime, and reflects