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(영문) 울산지방법원 2018.04.17 2017고정1151
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Busan Jin-gu, Busan, which is located in Busan, and is an employer who operates a service business by utilizing 13 full-time workers.

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

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

Nevertheless, the Defendant did not pay KRW 843,595 of the F's retirement allowances, which was employed from June 15, 2015 to November 30, 2016 in Yangsan E located in the said workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as shown in the attached crime list, as well as KRW 13,026,041 of the retirement allowances of eight workers, KRW 700 of the extended work at the said workplace, KRW 791,214 of the retirement allowances, KRW 14,517,255 of the money and valuables in arrears, as well as KRW 843,595 of the retirement allowances of eight workers, as in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of F and A in the protocol concerning the interrogation of the suspect against the defendant;

1. Each police statement made with respect to G and H;

1. Each truth;

1. Application of the Acts and subordinate statutes to the advance statement of the retirement allowance, average wages and retirement allowance calculation statement, ordinary copies, details of transfer (part of and total liquidation of each worker with overdue money and goods), and the advance statement of the retirement allowance;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that payment of overtime work allowances is not made) of the relevant Act on criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (the fact that payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in the crime of violating the Labor Standards Act for Workers H, the trade name of a violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for in the crime of violating the Guarantee of Workers' Retirement Benefits Act, the nature of which is heavier);

1. Selection of each alternative fine for punishment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Labor Standards Act against I with the largest number of crimes and circumstances);

1. Attraction of a workhouse;

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