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(영문) 수원지방법원여주지원 2020.12.01 2019고단178

근로기준법위반등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[2019 Highest 178] The Defendant is a representative director of R in Q Q in Gyeonggi-si, and an employer who conducts service business (including a private teaching institute) using 32 full-time workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

The defendant shall work in the relevant workplace from January 1, 2018 to July 31, 2018.

A retired worker’s total amount of KRW 5,200,000,00 not paid within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as shown in the Schedule of Crimes (except for B, C, D, E, E, F, G, H, I, J, K, L, M, N,O, P).

The unpaid wages of 17,858,500 won, including S and T, were not paid within 14 days without any agreement between the parties on the extension of the due date.

[200 Highest 60] The Defendant is the actual management owner of V Co., Ltd. in Gwangju City, who runs educational service business using 30 full-time workers.

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

Nevertheless, the Defendant provided his/her labor from around December 10, 2018 to around July 18, 2019 to the said place of business, and provided his/her retired worker with his/her labor for the same period as that of his/her retired worker X, and provided with his/her labor for the same period as that of his/her employee X, July 3, 2019, July 3, 2019, and December 3, 2019 to July 3, 3, 207,870,960, and December 31, 2018 to July 18, 2019, and provided workers X with labor until July 31, 2019, including workers X-X’s wages for 3,596,030,000 won, July 2, 2019, and the total amount of wages to workers who retired, including workersY-Y’s wages for the same period.