근로자퇴직급여보장법위반
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant is the representative of the Dispute Resolution Co., Ltd. in Ansan-si, and is an employer who operates the manufacturing business by employing four full-time workers.
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 mutual agreement between the parties in extenuating circumstances.
Even so, Defendant 1 worked from December 7, 2015 to September 27, 2019 at the above workplace, and did not pay KRW 8,984,947 of retirement allowances of retired workers E within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.
Summary of Evidence
1. Application of Acts and subordinate statutes to a statement of calculation of retirement allowances under the defendant's statutory statement, a business owner's confirmation, such as wages in arrears, and a petition for payment
1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;