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(영문) 서울중앙지방법원 2013.10.31 2013고정4258
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who employs 50 full-time workers in Gangnam-gu Seoul and operates the Do retail chain Co., Ltd.

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 in the above workplace from May 6, 2008 to February 26, 2010.

The retirement allowance of 2,186,300 won was not paid within 14 days from the date on which the grounds for such payment occurred without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the average wage and retirement allowance calculation statement, liquidity transaction and investigation statement, and resident's business income withholding receipt;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

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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