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(영문) 의정부지방법원 2018.02.22 2017고정2327

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of "D" corporation located in Young-gun C in Gangwon-do, who is an employer engaged in the business of a branch store by using four full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 23,574,550 in total wages of five workers within 14 days from the date of the occurrence of the reasons for payment, as stated in the attached crime list, including the fact that the Defendant did not pay KRW 2,00,000,000 in October 2016, which was worked at the store located in the Gu-si, Gyeonggi-do from August 25, 2015 to March 30, 2017.

2. An employer shall, when a worker dies or retires, pay the retirement allowance within 14 days after the cause for such payment occurred;

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

Nevertheless, from August 25, 2015 to March 30, 2017, the Defendant did not pay KRW 3,235,555 of F retirement pay working at E stores located in the Gu-si, Gyeonggi-do from August 25, 2015 to March 30, 2017 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without the agreement between the parties

3. When concluding a labor contract, an employer shall deliver workers with such written statements as clearly stating wages, prescribed working hours, holidays, annual paid leaves, and other working conditions.

Nevertheless, the Defendant, from December 26, 2016 to February 23, 2017, worked at H stores operated by G8 (States)D located in Dong-si, Gyeonggi-do, and on December 26, 2016, under a labor contract on December 26, 2016, paid leave, prescribed working hours, holidays, annual paid leave, and that.