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(영문) 춘천지방법원 원주지원 2017.01.05 2014고단1150

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

(2014 Highest 1150) Defendant 1 is the actual manager of G Co., Ltd., located in F at Won-si, who employs five full-time workers and engages in the manufacturing industry. Defendant 2 is the actual manager of H Co., Ltd. I who employs seven full-time workers.

When a worker retires, an employer shall pay wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from August 21, 2013 to May 28, 2014, worked in the said I workplace and did not pay KRW 2,308,124 of the retired workers C’ wages from the said G workplace from November 19, 2012 to December 31, 2013, KRW 1,483,271 of the retired workers D’ retirement pay to the said G workplace within 14 days from the date on which the cause for payment occurred without any extension of the payment date between the parties.

(2015 Highest 59) The Defendant is the representative of G in the city population J, which is the Defendant, who has employed 10 full-time workers and operated the military clothing manufacturing business.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.

Nevertheless, the Defendant did not pay the E’s wages of KRW 6,043,254 and retirement allowances of KRW 5,414,040, who worked in the said workplace from October 22, 2012 to June 19, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

(2014 order 1150)

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Each detailed statement of benefits;

1. A copy of a business registration certificate for the bank of bankruptcy (2015 highest 59);

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. E statements;

1. The application of the E’s respective wage ledgers, calendars, and the legislation of the Schedule of Work Place Status 1.