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(영문) 광주지방법원 2014.11.13 2014고정1777

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative director of the company located in Gwangju North-gu B and five stories, who runs a construction business using six regular workers.

1. An employer who fails to pay a retirement allowance to D or E shall pay a retirement allowance within 14 days from the date on which any cause for such payment occurred where the employee retires;

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

Nevertheless, the Defendant, at the foregoing workplace from November 4, 201 to August 31, 2013, served as a field public official and retired from D retirement pay of 8,297,795 won and the above workplace from July 1, 2009 to August 31, 2013, shall work as a field manager.

The retirement allowance of retired E was not paid KRW 10,484,082 within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. An employer who fails to pay wages to F shall, when a worker dies or retires, pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the due date by mutual agreement between the parties concerned, only in extenuating circumstances;

Nevertheless, the Defendant did not pay KRW 2,50,000 as of February 21, 2013 to September 17, 2013, the sum of F’s wages of KRW 800,000 on February 2, 2013, and wages of KRW 1,70,000 on September 2013, 2013, to KRW 2,50,000 from the date of retirement without an agreement on the extension of the payment deadline.

3. An employer who fails to pay an dismissal allowance for D or E shall give an advance notice of dismissal at least 30 days prior to the dismissal of the employee, and if the employer has not given such advance notice thirty days prior to the dismissal, he shall pay the ordinary wages for not less than thirty days.

Provided, That where it is impossible to continue the business due to a natural disaster, accident, or other unavoidable circumstances, or where workers have caused enormous impediment to the business or damage to their property.