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제주지방법원 2015.04.17 2015고정194

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 is the representative of D in Jeju, who is an employer who operates general restaurant business with five regular 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 is working in the same workplace from June 14, 2012 to September 5, 2014.

The retired E's retirement pay of KRW 4,581,470 has not been paid within 14 days from the date of retirement without any agreement on extension of the due date for payment of money and valuables between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. A copy and written statement of E preparation;

1. Application of Acts and subordinate statutes of the average wages and retirement allowance calculation statement, and detailed statement of self-reliance deposits;

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. Taking into account the fact that the sentencing of Article 334(1) of the Criminal Procedure Act recognizes and reflects the fact of the crime, the fact that there is no record of criminal punishment except the fine imposed due to the violation of the Road Traffic Act around September 2006, and the amount of unpaid retirement benefits, etc.