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(영문) 서울중앙지방법원 2015.10.22 2015고정2474

근로자퇴직급여보장법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is an employer who operates electrical construction business, etc. using 30 full-time workers under the trade name of “C Co., Ltd.” from the Seocho-gu Seoul Metropolitan Government second floor.

On October 4, 2010, the Defendant joined and works for the above C.

In June 1, 2013, the retirement allowance of D was not paid within 14 days from the date of D without agreement with D on extension of payment due date.

Accordingly, the defendant did not pay a retirement allowance within 14 days from the date of worker's retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written petition;

1. Application of Acts and subordinate statutes on power of attorney, each benefit, and unpaid retirement benefits;

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