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(영문) 서울북부지방법원 2014.12.09 2014고정2156
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, as the representative of “D” in Dongdaemun-gu Seoul Metropolitan Government, is an employer who ordinarily employs nine workers and operates a salary-counting business.

If an employee retires, the employer shall pay the retirement allowance within 14 days from the date of retirement unless there is an agreement between the parties on the extension of the due date for payment, but the Defendant shall serve as a re-service from June 13, 201 to June 5, 2014 at the same workplace.

The retirement allowance of retired workers E was not paid KRW 5,171,800 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. A authentic statement of the E preparation;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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. Articles 70 (1) 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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