beta
(영문) 서울북부지방법원 2015.10.16 2015고정1695

근로자퇴직급여보장법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the D Child Care Center in the Gangnam-gu Seoul Metropolitan Government 1st floor, who is an employer who operates a child care center using 40 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the defendant is working as infant care teacher from March 1, 2013 to February 28, 2015 at the above workplace.

The retirement allowance of the retired E is not paid KRW 2,631,048, and the retirement allowance of KRW 12,037,454 was not paid to six retired workers in total within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect prepared by special judicial police officers against the accused;

1. Statement prepared by the special judicial police officer with respect to F;

1. Application of Acts and subordinate statutes on a petition;

1. Article 44 of the Guarantee of Workers' Retirement Benefits Act and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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

1. Articles 70 (1) 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;