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(영문) 부산지방법원 2015.01.21 2014고정3173
근로자퇴직급여보장법위반
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative of D in Busan Young-gu, is an employer who runs a business of manufacturing vessel components by using seven regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, from January 2, 2007 to October 23, 2013, the Defendant did not pay KRW 5,010,631 of E retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Legal statement of witness E;

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

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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