logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2017.06.28 2016고정316
근로자퇴직급여보장법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the representative of the “D farm” and “F farm” in the Namyang-si, Namyang-si, and the actual operator of the “I farm” registered in the name of the Defendant’s father H located in Nam-si, Namyang-si, and the “L farm” registered in the name of the Defendant’s motherK located in Y in YY-si, Jeonyang-si, who ordinarily employs not less than five workers at each of the above farms and operates the farm.

When an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from November 20, 201 to May 31, 2014, did not pay KRW 482,622 (unpaid retirement pay 2,168,522 - 1,685,900) of retirement pay of retired workers in the said workplace as shown in the list of crimes in the separate sheet of crimes, including that the Defendant did not pay within 14 days from the date of retirement without agreement on the extension of payment period between the parties to the agreement on the extension of payment period between the parties. In addition, the Defendant did not pay KRW 6,163,093, total seven retirement pay of the retired workers in the said workplace as described in the list of crimes in the separate sheet of crimes, without any agreement on the extension of payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of N;

1. A protocol concerning the examination of each police suspect against H, K, orO;

1. Statement made by the police against eight persons, including P, etc.;

1. Application of Acts and subordinate statutes to a probationary management ledger and a detailed statement of benefits;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 subparagraph 1 and Article 49 of the Guarantee of Retirement Benefits for each worker selected as an employee;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 59(1) of the Criminal Act of the suspended sentence lies in unfavorable circumstances, such as denying the instant crime, there is no record of punishment heavier than that of the same criminal act or fine, and the unpaid amount is.

arrow