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(영문) 창원지방법원 통영지원 2019.01.29 2017고정468

근로기준법위반등

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

【2017 Highly 468】 The Defendant is an employer who runs a vessel vessel processing business using approximately 80 full-time workers in the name of D within the territory of the State B (State) in Tong Young-si.

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

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

Nevertheless, from April 1, 2015 to March 24, 2017, the Defendant did not pay 10,047,335 won in total, including 7,66,60 won in total, and 10,047,335 won in overtime and night work allowances of two workers, as shown in the attached Table of Crimes, within 14 days from the date of retirement, without agreement on extension of the due date between the parties concerned, as well as 7,66,60 won in total, of overtime and night work allowances of April 1, 2015 to March 24, 2017.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working from April 1, 2015 to March 24, 2017 at the same workplace.

retirement allowance of retired workers E, 573,039 won, and the same period of employment.

The retirement allowance of the retired worker was not paid KRW 79,785, and KRW 652,824, in total, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

【Employer-Appellee 186】 When a worker dies or retires, the employer shall pay the wages, compensations, and 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 from April 1, 2015 to April 30, 2017.