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(영문) 대구지방법원 김천지원 2019.01.17 2018고정354
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the representative of C, who has a place of business in the Gu and America, and is engaged in service business by using two full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working from June 1, 2014 to December 28, 2017.

On December 29, 2017, no retirement allowance of 7,353,680 won was paid to retired workers D on December 29, 2017 by 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement, E bank benefit passbook details (from October 4, 2017 to January 10, 2018), C business registration certificate, average wages, and retirement allowance calculation statement;

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;

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

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