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(영문) 서울남부지방법원 2020.12.18 2020고정780

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative director D, located in Guro-gu Seoul Metropolitan Government, who operates a daily restaurant business using at least 20 full-time employees.

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

However, the date of payment may be extended according to the agreement between the parties in special circumstances.

The Defendant is working in the foregoing workplace from December 1, 2017 to January 27, 2019.

Retired E and labor from December 1, 2017 to January 31, 2019.

With respect to retired F, a total of KRW 2,936,520,00 from January 2018 to December 2, 2018, as shown in the attached Form, did not pay 2,936,520 within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

B. The Defendant is working in the foregoing workplace from April 1, 2018 to April 19, 2019.

1,002,00 won of annual paid leave allowance for 1,000 won of the retired G was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, 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 December 1, 2017 to January 27, 2019 at the above workplace.

Retirement allowance of retired E 1,297,656 won and work from December 1, 2017 to January 31, 2019.

The retirement allowance of retired FF was not paid KRW 2,496,786 in total, including KRW 1,199,656, within 14 days from the date of each retirement without an agreement between the parties to the payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Application of each of the relevant Acts and subordinate statutes;

1. Criminal facts;