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(영문) 인천지방법원 2018.12.14 2018고정2488

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the limited partnership C in Suwon-si B and 410 who runs the chartered bus transport business with ten full-time workers.

1. An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant employed in the above workplace from January 1, 2016 to January 25, 2018 and retired from the workplace, and did not pay the total amount of wages of 1,539,020 won in December 2017, 2017, 1,58,127,020 won in January 1, 2018, and 3,127,020 won in the above workplace from June 7, 2016 to January 25, 2018, and retired from office on January 31, 2018, and did not pay the total amount of wages of 2,468,70 won in November 1, 2017, 1,75,000 won in January 1, 2018, 1,705,000 won in the wage of 1,708,000 won in the above workplace, 106,1308,201.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace from January 1, 2016 to January 25, 2018 and did not pay the retirement allowances of D's retirement allowances of D's retirement allowances of 4,649,38, and the above workplace from June 7, 2016 to January 25, 2018, and paid retirement allowances of E's retirement allowances of 4,020,416, and two retirement allowances of 8,669,804, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. The defendant's person;