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(영문) 의정부지방법원 고양지원 2018.09.20 2018고정504

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the actual manager of the Dong-gu building B and D Co., Ltd. in the Dong-gu Seoul Metropolitan City and Yangyang-si, who ordinarily employs approximately eight workers and operates management consulting business.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 had worked from April 23, 2012 to January 16, 2017 at the above workplace, and had not paid the total of KRW 2,427,418, including KRW 750,000 on December 12, 2016, and KRW 1,677,418 on January 2017, and KRW 2,427,418 on January 1, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the date of payment.

(b) When an employer concludes a labor contract, he/she shall clearly state wages, fixed working hours, holidays, annual paid leaves, and other matters prescribed by law to the worker, and shall also apply when he/she modifies each of the above matters after the conclusion of the labor contract, and shall deliver to the worker a written statement specifying the composition method and payment method of the wages, prescribed working hours, holidays, and annual paid leaves.

Nevertheless, the Defendant did not issue to E, who worked and retired from the Defendant’s workplace as described in the foregoing paragraph (a), a written statement on the constituent elements, etc. of wages and the changes thereof during the period of his/her work (the changes of wages, etc. on May, 2013, around July 2014, and around January 2015).

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

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

Nevertheless, there is a need to do so.