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(영문) 대전지방법원 2015.09.10 2015고정950
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using more than 10 full-time workers as the representative Co., Ltd. located in Daejeon Sung-gu B building 604.

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

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

The Defendant, after having worked as a bath during the period from October 15, 2013 to December 27, 2014, has retired from the following day, has not paid three retirement allowances of 3,738,120 won, 3,750,134 won, 3,750,134 won, and 3,203,203,214 won, including three retirement allowances of 3,691, and 468 won, including three employees from November 1, 2013 to December 27, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

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 which are applicable to crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal 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;

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