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(영문) 대전지방법원 2017.10.17 2017고정1015

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant of "2017 High 1015" is an employer who ordinarily employs five workers and engages in a private building business without any specific trade name.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 7,60,000 for five retired workers within 14 days from the termination date (the retirement date) of the labor relationship without agreement between the parties on the extension of the payment date, as stated in the attached Table, including D ( South, 60 years old)’s wage of KRW 80,000 in May 2014, which had worked as painting with the work site at the site of the C church located in Gangseo-gu Seoul Metropolitan Government from May 27, 2014 to May 30, 2014.

The defendant of "2017 High 1016" is an employer who ordinarily employs 10 full-time workers at the two-time factories of Gyeonggi-do, the stud construction site of Pakistan-si in Gyeonggi-do, and the construction site of the iron frame in Incheon E Park without a specific trade name and construction business license.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, wage of KRW 1,255,00 in July 17, 2014, working from June 17, 2014 to July 19, 2014, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

"2017 High Doz. 1015"

1. Statement by the defendant in court;

1. Each statement of G, H, F, D, and I;

1. Each written petition;