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(영문) 수원지방법원 2018.09.14 2017고정2670

근로기준법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[2017 High 2670] Defendant Company is an employer who employs six full-time workers at the construction site, etc. of the Y 12th floor of G University in Suwon-si, Suwon-si, Seoul Special Metropolitan City as the actual representative of G University H 12, and operates the construction business.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 440,000, each of the retirement workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, including the amount of KRW 220,00,000, the amount of January 16, 2017, and the amount of KRW 220,000,00, which worked from January 16, 2017 to January 19, 2017.

[2018 High 348] Defendant Company is an employer who employs five full-time workers at the construction site, etc. of Jeonju-si J-gu Seoul Special Metropolitan City as the actual representative of G University H 12, in Suwon-gu, Suwon-si, and operates the entrusted meal service, construction business, etc.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 3,150,000 for 17.5-day wages from January 13, 2017 to February 3, 2017 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

[2017 High Court Decision 2670]

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Indoor design contract, letter, performance letter (2018 ancient 348);

1. The defendant's partial statement in court;