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(영문) 수원지방법원 2017.10.18 2017고단4821
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative director of H located in G in the population of the wife of the Republic of Korea, who is an employer who runs a manufacturing business by ordinarily employing 12 workers.

The Defendant did not pay KRW 6,935,631 of the I retirement pay to the Defendant who was employed in the said workplace from June 10, 2014 to April 13, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition prepared by the I;

1. Application of Acts and subordinate statutes to a detailed statement of calculation of retirement allowances, average wages and retirement allowances;

1. Article 44 subparagraph 1 of the Guarantee of the Retirement Benefits of Workers under the relevant Act concerning facts constituting an offense, and Articles 44 and 9 of the same Act;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act that the defendant led to the confession of the crime of this case, the fact that there was no record of punishment for the same criminal record, the employee I died, and the defendant agreed with the bereaved family members of I, and the dismissal of the public prosecution in consideration of the circumstances leading to the non-payment of retirement allowances, etc.

1. The summary of the facts charged is that the Defendant, as the representative director of H in the wife population G, is an employer who runs a manufacturing business by ordinarily employing 12 workers.

The Defendant is a clerical error in the amount of KRW 90,114,607,607, totaling KRW 81,114,607,607, out of the total amount of retirement allowances for four employees, as described in the list of crimes in the attached Table Nos. 1 through 3, 976, including the fact that he/she did not pay KRW 16,898,798 of retirement allowances of C retired from his/her place of business from around December 1, 2005 to April 13, 2017 without an agreement on the extension of the payment date between the parties concerned, and that he/she did not pay them within 14 days from the date of his/her retirement.

each payment has not been made within 14 days from the date of retirement.

2. The crime of non-compliance with judgment: The Criminal Procedure Act applies to dismissal of a public prosecution where the employee expresses his/her intention not to punish the defendant after the prosecution of this case under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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