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(영문) 춘천지방법원 2014.07.17 2014고정157
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of Kucheon-gun, Hongcheon-gun, who ordinarily employs 11 workers and operates a specialized construction business.

From April 1, 2007 to July 21, 2013, the Defendant works at the same place of business as an operator of the digging season, and on July 22, 2013, the Defendant was to work as an employee of the digging season during the period from April 1, 2007 to July 21, 2013, and was to work as an employee of the digging season during the period from April 1, 2008 to July 21, 2013, the Defendant did not pay an amount of KRW 13,795,868, and the amount of KRW 1465,79,795,79,799, respectively, within the period from July 12, 2013 to July 11, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, G and F;

1. A petition, a simple statement and a statement of the petitioner;

1. Determination on the Defendant and defense counsel’s assertion regarding calculation of statutory retirement allowances

1. The Defendant and his defense counsel argued that the Defendant and his defense counsel did not violate the Act on the Guarantee of Workers' Retirement Benefits, since they agreed to deduct the amount from retirement allowances instead of paying the amount of wages not deducted from the four major insurance premiums and various taxes between the Defendant, E, F and G, and accordingly paid the remaining retirement allowances after deducting the same amount as the above facts charged.

In light of the following circumstances, E, etc. consistently stated that the Defendant and four major insurance premiums and taxes are not deducted from the retirement allowance instead of deducting them from the monthly salary, and that there is no agreement to receive the remaining amount after deducting them from the retirement allowance as the retirement allowance. Despite the fact that the employer has given the employee a written statement specifying the working conditions, the Defendant specified the working conditions, including the agreement on the Defendant’s assertion.

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