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(영문) 의정부지방법원 고양지원 2018.09.20 2017고정539
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

[criminal history] On November 16, 2017, the Defendant was sentenced to a suspended sentence of one year on April 18, 2018 for occupational breach of trust in the Jinyang Branch of the Jung-gu District Court, which became final and conclusive on April 18, 2018

[ criminal facts] The defendant is the representative of the 2nd floor of the Dong-gu Seoul Metropolitan City B building in Yangyang-si, who ordinarily employs two workers and operates a private teaching institute business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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 did not pay the total amount of KRW 1,921,830 in November 2013, 2013, KRW 2,000,000 in January 2014, KRW 2,000 in January 2014, KRW 2,000 in February 2014, KRW 2,000,00 in March 2, 200, KRW 2,000,00 in March 3, 200, KRW 2,000 in March 200, KRW 2,00 in January 18, 2015, KRW 2,00 in February 20, KRW 200 in February 20, KRW 30 in 20 in 20 in 200, KRW 10 in 20 in 200 in 20 in 2015, KRW 10 in 20 in 200 in 200 in 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, the defendant at the above workplace was employed from November 18, 2013 to March 31, 2016. 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

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