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(영문) 창원지방법원 통영지원 2018.04.03 2017고정288

근로자퇴직급여보장법위반등

Text

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

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

Reasons

Punishment of the crime

1. The Defendant 2017 and 288 is the employer who is a corporation AB representative director in the Z (State) located in the Z, and a business operator who employs more than 140 full-time workers and operates the electrical construction business.

(a) An employer shall pay a retirement allowance within fourteen (14) days from the date of his retirement, when the reason for the payment of the retirement allowance occurred, when the employee retires;

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

Nevertheless, the Defendant did not pay KRW 451,629, and KRW 7,841,081 of AD retirement pay, who served as a burner from January 27, 2015 to March 31, 2017, respectively, within 14 days from the date of individual retirement, without any agreement between the parties to the extension of the payment deadline.

(b) an employer shall pay wages, compensations, or any other money or valuables within fourteen (14) days from the date of his retirement, if he retires;

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

Nevertheless, the Defendant did not pay the aggregate of KRW 1,802,339, including KRW 954,129, and KRW 848,210, and KRW 1,802,339, within 14 days from the date of each individual’s retirement without any agreement between the parties to the extension of the payment deadline, in the year 2016 bonus from May 13, 2015 to April 30, 2017.

2. The wages of 2017 fixed time 379 shall be paid at least once a month on a fixed date;

Although the Defendant (ju) operated AB and designated the 20th day of each month as the regular payment date, the Defendant did not pay KRW 210,00,00 on the regular payment date of July 2016 of AE to the employees of the said company, as well as the details of the arrears in the attached Form (except as indicated above 11, 12,24, 26, 27, 28, 28, 31, 34, 38, 45, 51, 52, 52, 53, 55, 56, 57, 58, 59, 60, 61, 62, 65, and 67).