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(영문) 대구지방법원 2016.04.08 2015고정1773

근로기준법위반등

Text

Defendant shall be punished by a fine of 1.9 million won.

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

Reasons

Punishment of the crime

The defendant is the user as the representative of (ju) D who is engaged in the dispatch of human resources in Songpa-gu Seoul Metropolitan Government and 402.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, 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.

Defendant 1, 252,200 won in annual paid leave allowances of G that retired while serving in the F restaurant located in the Daegu Suwon-gu, Daegu-gu, from December 17, 2013 to December 21, 2014 under the said place of business, and Defendant 1,250,400 won in annual paid leave allowances of H retired from his/her office while serving in the work from July 9, 2012 to December 21, 2014, did not pay 1,250,40 won in annual paid leave allowances of H within 14 days from the date of his/her retirement without an agreement on extension of the period between the respective parties.

[2015 High Doz. 2022]

1. The Defendant in violation of the Labor Standards Act did not pay KRW 1,250,40,00 from the date of retirement to 14 days from the date of retirement without any agreement between the parties on the extension of the period, while serving in the workplace from July 10, 2012 to December 21, 2014.

2. The Defendant violated the Workers’ Retirement Benefit Security Act (hereinafter “Defendant”) did not pay KRW 3,279,750 of the retirement allowance of the retired I within 14 days from the date of the retirement without agreement between the parties to the extension of the period.

Defendant 2, “2016 High-level 83,” had not paid KRW 1,250,400,00 from the date of his retirement to October 31, 2014, while working in the above F cafeteria from July 10, 2012 to October 31, 2014.

Summary of Evidence

"2015 Maz. 1773"

1. Statement by the defendant in court;

1. Statement of G;

1. A petition filed by G and H;

1. Business registration certificate 2015 high-level 2022;

1. Statement by the defendant in court;

1. Statement 1.