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(영문) 서울북부지방법원 2015.09.11 2014고정2035

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of Dobong-gu Seoul Metropolitan Government, who runs wholesale and retail business with five to six regular workers.

[2014 fixed-term 2035] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 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 is working from August 1, 2013 to September 10, 2013 at the above workplace.

The retired C’s wages of KRW 1,100,00 in August 2013, and KRW 1,466,660 in September 2013 did not pay KRW 366,66,60 in total within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the payment date.

[2014 High Court Decision 2045]

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 is working from November 18, 2013 to February 28, 2014 at the above workplace.

D’s failure to pay KRW 1,191,600 of the wages in February 2014, as well as the payment of KRW 3,909,457 of the wages in arrears to three retired workers, such as the statement in the list of crimes in the attached Table, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

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

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

Nevertheless, the Defendant is from November 22, 2012 to February 15, 2014 at the above workplace.