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(영문) 창원지방법원 2020.12.15 2020고정533
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is the representative of the Jin-gu Seoul Special Metropolitan City, Jinnam-si B, and is the employer who runs a wholesale business using 11 full-time workers.

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

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

Nevertheless, the Defendant mainly takes charge of drug management from May 1, 2007 to February 28, 2020 at the above workplace and works.

31,404,854 of retirement allowances of retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. Application of the police's written statement concerning D's legal statement to the defendant;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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