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(영문) 부산지방법원 서부지원 2019.08.23 2018고단2688
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

Of the facts charged in the instant case, the part regarding the violation of the Guarantee of Workers' Retirement Benefits Act by 18 workers, excluding E, was dismissed on July 3, 2019.

The defendant is a business owner or user who is the representative of C, D, located in P, Busan, and is engaged in the manufacturing of industrial machinery.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the defendant is working in the above C from September 26, 2016 to October 29, 2018.

7,632,287 won of retirement allowance has not been paid to retired E within 14 days from the date of the above retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of 4th social insurance workplace subscribers list Acts and subordinate statutes;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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

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