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(영문) 대구지방법원 2014.09.03 2014고정1813
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of CG in Daegu Northern-gu, the fourth floor, is an employer who runs a private teaching institute with five full-time workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant has been employed on September 1, 2007 in the above workplace.

The retirement allowance of 11,387,370 won from September 1, 2008 to July 5, 2012 was not paid until 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of testimony made by the police against the defendant and D;

1. Statement of each police statement regarding D;

1. Application of employment contracts, detailed statements of wages, average wages and retirement allowances calculation statements, and the current status of employees;

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

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;

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