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(영문) 창원지방법원 마산지원 2013.09.05 2013고정455
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who is a business management officer who operated a financial business by using 12 full-time workers as an agent for the head of the Dagricultural Cooperative Association located in Haan-gun, Gyeongnam-gun.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 KRW 12,26,024, total amount of money and valuables, including KRW 394,012, annual leave compensation, KRW 6,718,012, annual leave compensation, KRW 5,154,00,00, and KRW 12,26,024, which were 14,00 from March 2, 2007 to October 30, 2009, within 14 days from the date on which the cause for payment occurred, without agreement on the extension of the due date between the parties concerned.

(b) Wages shall be paid in full directly to workers in currency.

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the suspect paid 5,154,00 won of the year-end settlement refund on December 30, 2009 and 3,332,427 won of retirement pay on December 31, 2009 to the account under the condition that he/she has suspended payment of E’s head of Tong who worked as a financial agent from March 2, 2007 to October 30, 2009, and he/she did not pay directly to the employee since he/she unilaterally withdrawn it under the name of indemnity on January 13, 2010 without the deposit principle.

(c) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is a financial clerk from March 2, 2007 to October 30, 2009 at the above workplace.

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