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(영문) 수원지방법원 안양지원 2014.08.22 2014고정447
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is an actual management owner of the “C” located in Ansan-gu Mayang-si B, and is an employer who runs restaurant business (medium-gu) using ten full-time workers.

The Defendant worked from July 2, 2012 to November 14, 2013 at the same place of business, and did not pay KRW 2,954,070 of retirement pay to retired workers D within 14 days from the date of his/her retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning criminal facts;

1. Optional fine;

1. Articles 70 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;

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