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Reasons
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(영문) 서울북부지방법원 2019.01.11 2018고단3866
근로자퇴직급여보장법위반
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of Seongbuk-gu Seoul Metropolitan Government C who is engaged in wholesale and retail business using ten full-time workers.

1. Where a worker retires, the employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant, while serving in the said workplace from May 1, 2016 to April 6, 2018, did not pay KRW 3,045,680 of D retirement pay to the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date, and did not pay KRW 29,375,640 in total for six employees within 14 days from the date of retirement, as stated in the No. 1 to No. 6 of the attached crime list.

2. If an employer who fails to pay contributions to a participant of a defined contribution plan, such as retirement of the participant of the defined contribution plan, fails to pay contributions to the participant at least 1/12 of the total annual wages of the participant, within 14 days from the date such cause or event occurs, the employer shall pay contributions and interest for arrears to the account of the defined contribution plan;

Nevertheless, the Defendant did not pay KRW 4,386,931 in total, including charges, etc. to four employees, within 14 days from the date of his/her retirement, within 14 days from the date of his/her retirement, to April 20, 2018, when he/she retired from the said workplace from the said workplace from July 30, 2013 to April 20, and did not pay KRW 32,79,591 in total, including charges, etc. to four employees, within 14 days from the date of his/her retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Each statement in the preparation of D, G, H, I, J, K, E, L, F, and M;

1. Copy of the certified transcript of register of labor juristic person which is written by N, labor juristic person and attached documents; and

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