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(영문) 의정부지방법원 2018.04.18 2018고정158
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Guri-si C, who is a user who runs a household manufacturing business using eight full-time workers.

1. 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 employed the said workplace from February 15, 2016 to February 28, 2017, and retired from the said workplace, paid the total of KRW 2,000,000 in January 2017, and the total of KRW 4,000,000 in February 2017, without any agreement on the extension of payment date between the parties, and did not pay KRW 17,480,000 in total for eight retired workers within 14 days from the date of retirement as shown in the attached Form, as shown in the attached Form, without any agreement on the extension of payment date between the parties.

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

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

Nevertheless, the defendant employed in the above workplace from February 15, 2016 to February 28, 2017, and did not pay KRW 2,082,192 of E retirement pay to retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, and did not pay KRW 3,761,096 in total for two retired workers within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each statement;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Trade name;

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