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(영문) 인천지방법원 2015.07.21 2014고정3985

근로기준법위반등

Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

The defendant is the chairperson of social welfare foundation E located in Nam-gu Incheon Metropolitan City D, who runs a welfare business using 100 regular workers.

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

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

Nevertheless, the Defendant did not pay the unpaid amount of KRW 1,963,81 as well as KRW 1,963,813, and KRW 7,037,383 within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned, as stated in the attached Table, as well as KRW 1,962,062,20,00, total of KRW 1,963,813 of the F’s wage amounting to KRW 901,613 and annual paid leave amounting to the unpaid amount of KRW 1,062,20,00,000.

2. When an employer concludes a labor contract, he/she shall specify the wages, contractual work hours, holidays, annual paid leaves, and other working conditions as prescribed by Presidential Decree to the workers, and deliver written statements specifying the items of wages, calculation methods, payment method, contractual work hours, holidays and annual paid leaves to the workers;

Nevertheless, the Defendant did not issue a document stating the items of wages, calculation method, payment method, contractual work hours, holidays and annual paid leave when concluding a labor contract with G, who retired in charge of administrative affairs, on March 18, 2013.

3. 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant served as a physical clinic from November 16, 201 to October 13, 2013.