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(영문) 대구지방법원 경주지원 2014.05.01 2014고정62
근로자퇴직급여보장법위반
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. in racing-si, who operates transportation business with seven regular workers.

When a worker retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred, unless the date is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, the Defendant did not pay KRW 8,210,420 of retirement allowances of retired workers D around September 30, 201 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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