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(영문) 의정부지방법원 2017.09.14 2017고정1421
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who operates a building management service company using four full-time workers as a real manager of the Gyeonggi-gu Group B (State)C.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not enter into an agreement on total of KRW 1,743,80 in November 1, 2015, wages of KRW 2,755,780 in April 2016, KRW 2,755,780 in May 2016, and KRW 2,75,780 in June 2, 2016, KRW 2,821,55,55,780 in June 1, 2016, KRW 1,821,50 in the building of Gyeonggi-si from September 1, 2015 to August 31, 2016, KRW 13,50 in total, KRW 13,50 in total, KRW 13,580 in the building of Gyeonggi-si, and KRW 1,50 in total, KRW 183,50 in the wage of KRW 183,50 in August 31, 2016, KRW 2016 in total 36.6.48.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 1,200,000 of the F's retirement allowance working as security guard from September 3, 2015 to September 12, 2016 at the above D building within 14 days from the date of retirement, in the absence of an agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of the police officer in relation to G (2 tea);

1. Each statement of E and F;

1. Each service contract;

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