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(영문) 창원지방법원 통영지원 2017.07.21 2017고정164
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

The defendant is a business owner who ordinarily employs 15 workers as the representative of B located in the shipbuilding sea and operates a vessel processing business as a 3370 treatment worker as a o'clock.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant worked in the foregoing workplace as piping lines from June 9, 2015 to June 13, 2016, and the Defendant did not pay KRW 7,487,342 in the aggregate of two retired workers, including KRW 3,560,737, and KRW 3,926,605, and KRW 7,487,342, which were the date of the occurrence of the cause for payment, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written petition;

1. Application of Acts and subordinate statutes to specifications of benefits, average wages, and retirement allowances;

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 subparagraph 1 and Article 49 of the Guarantee of Retirement Benefits for each worker selected as an employee;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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