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(영문) 의정부지방법원 고양지원 2019.05.23 2019고정30
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an actual operator of C Co., Ltd. (hereinafter referred to as “C”) at the time of strike, who runs a manufacturing business with ten full-time 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 did not pay KRW 6,857,503 of D retirement pay from October 6, 2015 to June 30, 2018, and KRW 4,088,274 of E’s retirement pay from December 1, 2015 to June 30, 2018, as well as KRW 10,945,77 of E’s retirement pay from December 1, 2015 to June 30, 2018, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. The police statement of E and D;

1. Determination as to the issue of whether the benefit statement (from January 2018 to June), a copy of the new bank account in the name of D, or a copy of the passbook in the name of D

1. The Defendant alleged that there was an agreement on the installment payment of retirement allowances between the Defendant and his employee E and D, along with monthly salary and retirement allowances (for workers E, KRW 150,000 per month, and KRW 200,00 per month, for workers D), the Defendant agreed to pay in advance a certain amount of money (for workers E, KRW 150,00 per month, and for workers D, KRW 20,00 per month). Based on this, the Defendant submitted an application for the payment of the retirement allowances to F, G, H, I, J, and K (for all employees, the same content that each employee received the retirement allowances by installments each month is signed on the printed format).

However, the employee E and D investigative agencies and the wage statement on this court’s statement and the wage statement on D stated as “L return”. D testified to the effect that its original name is “L” in this court.

From January 2018 to June 2018, the wage statement for workers D is the amount to be paid.

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