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(영문) 수원지방법원 성남지원 2021.01.27 2020고정967
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative director of C located in the 1st floor of Sungnam-si, Sungnam-si, who runs beauty service business using two 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, who retired from office from June 8, 2018 to August 1, 2019, did not pay a total of KRW 435,480, including wages of KRW 348,384 on July 7, 2019, and wages of KRW 87,096 on August 8, 2019, within 14 days from the date of retirement without an agreement on the extension of payment period between the parties.

(b) When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to workers, and shall deliver to the workers a written statement specifying the items and methods of calculating wages, payment methods, prescribed working hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60 of the same Act, and the matters concerning annual paid leaves under Article 60 of the same Act.

Nevertheless, when concluding a labor contract with D on June 8, 2018, the Defendant did not specify in writing the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves, and did not deliver a document specifying the working hours.

(c)

When a worker retires, an employer shall pay a retirement allowance within 14 days from the date of retirement.

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

Nevertheless, the Defendant did not agree on the extension of the payment deadline between the parties to D retirement pay amounting to KRW 3,071,989, working from June 8, 2018 to August 1, 2019 at the above workplace.

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