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(영문) 대구지방법원 영덕지원 2015.06.03 2015고정13
근로자퇴직급여보장법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a private teaching institute or a child care center using at least six full-time workers as a representative of F in Young-gun and Young-gun E located in Gyeonggi-do.

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

Nevertheless, the Defendant did not pay KRW 3,706,758 of G retirement pay of the said workplace on July 11, 2014 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. A written statement prepared by a special judicial police officer (including a written statement on the calculation of average wages and retirement allowances attached thereto);

1. Any part of the statements made by G in the examination records of public nature against G/A prepared by a special judicial police officer (labor inspector);

1. Statement of the H prepared by a special judicial police officer (labor inspector);

1. A written complaint of G and a written statement of G;

1. - Application of Acts and subordinate statutes to details of trading of ordinary deposits, investigation reports (Kukuk-gun Office), investigation reports (Jukukuk District Office of Education);

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 Selection concerning facts constituting an offense;

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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