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(영문) 인천지방법원 2014.05.15 2013고단5207
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who operates a mobile telephone manufacturer in the trade name of “stock company G” with 20 full-time workers employed in Bupyeong-gu Incheon Metropolitan City F.

The Defendant did not pay KRW 3,88,664 of H’s retirement allowance from August 20, 208 to April 16, 2012 without any agreement on the extension of H and payment period within 14 days from the date of the occurrence of the cause for payment without any agreement on the extension of H and payment period, and did not pay KRW 52,617,693, in total, for retirement allowance of 18 persons in the attached list of crimes committed in the attached Table 14 days from the date of the occurrence of the cause for payment without any agreement on the extension of the payment period.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. The descriptions of each statement;

1. Application of each of the Acts and subordinate statutes stated in each petition, power of attorney and details of passbook transactions;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is an employer who employs 20 full-time workers from Bupyeong-gu Incheon Metropolitan City F and operates a mobile telephone manufacturer with the trade name of “stock company G”.

The Defendant did not pay C, D, and E retirement allowances of KRW 3,354,689, which had been employed from January 16, 2009 to April 16, 2012, within 14 days from the date of occurrence of the cause for payment without agreement between C and the extension of the payment due date, and did not pay C, D, and E in the attached crime list without any agreement on extension of the payment due date between C and the parties concerned.

2. The above facts charged are the crimes provided for in subparagraphs 1 and 9 of Article 44 of the Act on Guarantee of Workers’ Retirement Benefits, and pursuant to the proviso to Article 44 of the Act on Guarantee of Workers’ Retirement Benefits.

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