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(영문) 서울남부지방법원 2017.08.18 2017고정1192
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 of the C Company in Geumcheon-gu Seoul Metropolitan Government, who runs the manufacturing industry using 15 full-time workers.

(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 if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the defendant employed in the above workplace from October 26, 2012 to February 24, 2017 and did not pay KRW 1,380,800 of the annual leave allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline.

(b) An employer shall specify wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the method and method of calculating wages, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60;

Nevertheless, when the defendant worked in the above workplace from October 26, 2012 to February 24, 2017 and concluded a labor contract with D and retired, the defendant did not deliver to the worker a written statement specifying the method of calculating the constituent elements of wages, the payment method, the prescribed working hours, the holidays under Article 5, and the annual paid leave under Article 60.

(c)

Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the defendant has been working in the above workplace from October 26, 2012 to February 24, 2017 and retired workers D.

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