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(영문) 대구지방법원 포항지원 2014.01.17 2013고정696
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of two 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. located in Northern-gu B at port and is an employer who operates the manufacturing business of air using 45 full-time workers.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing place of business, worked for the period from January 01 to October 2013, 2013 and served for the period from October 2013, 7,801,580 won of D retirement pay of retired workers who were employed for the next day and worked for the period from October 201 to October 2013, 2012, 5,056,570 won of E's retirement pay of retired workers who were employed for the next day from October 2013, 2012, and for the period from April 01 to 05, 2012, and did not pay 19,289,810 won of money and valuables, including 6,431,660 won of F's retirement pay of retired workers who were employed for the next day, within 14 days from the date of retirement without agreement between the parties concerned on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to D and F

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 which are applicable to facts constituting an offense;

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

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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