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(영문) 대구지방법원 2020.11.24 2020고단5006

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of D, a corporation located in B and C, who runs the transportation business using ten full-time workers.

When a worker dies or retires, the employer shall pay the retirement allowance, wages, compensation, and other money and 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.

1. The Defendant in violation of the Labor Standards Act: (a) worked in the said workplace from May 1, 2020 to June 30, 2020; (b) worked in the employee E on June 1, 2020; (c) from December 17, 2019 to June 30, 2020; (d) paid 3 million won of the retired employee’s wage on June 5, 2020; (b) worked in the said workplace from July 5, 2019 to June 30, 2020; and (c) did not pay 3.2 million won of the retired employee G’s wage from June 1, 2020 to June 30, 2020; and (d) paid 3.6.3 million won of the retired employee’s wage to June 30, 200 to June 30, 2020; and (e) did not pay the said employee’s wage from June 201, 201,20000.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act: (a) worked in the said workplace from April 28, 2019 to April 30, 2020; and (b) did not pay 3,235,068 won of retirement allowances to retired workersJ within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

3. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits fails to pay 3,300,000 won of his/her retired worker L, who worked in the above workplace from March 11, 2019 to June 30, 2020, with 3.2 million won of his/her retired worker K’s June 2, 2020, and with 3.3 million won of his/her retired worker L, from October 22, 2018 to June 30, 2020, without any agreement between the parties on the extension of the due date, within 14 days from the date of his/her retirement, and at the same time, 4,14.