근로자퇴직급여보장법위반
Defendant shall be punished by a fine of 200,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative of the D cafeteria in Incheon City, who ordinarily employs three workers and operates general restaurant business.
When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of retirement unless there exists an agreement between the parties on the extension of the due date.
Nevertheless, the defendant is working as a main volunteer in the above workplace from August 9, 2011 to September 25, 2013.
The retirement allowance of retired workers E was not paid 2,124,210 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes to witness E;
1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Determination on the assertion of the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order
2. Articles 4 and 8(1) of the Guarantee of Workers' Retirement Benefits Act (hereinafter “the Act”) provide that an employer shall establish one or more retirement benefit systems to pay benefits to retired workers, and an employer who intends to establish a retirement allowance system shall set up a system to pay retirement allowances for not less than 30 days to retired workers with average wages for one year of continuous employment as retirement allowances. As such, as retirement benefits arise only when a labor contract remains in existence as a requirement for termination of a labor relationship, there is no room for a duty to pay retirement allowances in principle during the period of a labor contract, the employer and the employee agree to pay a certain amount of money as retirement allowances paid each month.