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(영문) 서울남부지방법원 2018.02.02 2017고정386
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

[2017 High 386] The Defendant is the actual representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., who operates franchise business (PC room) by using eight 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 did not pay the total wages of KRW 9,54,09,00 for two workers within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties, as shown in attached Table 1, including KRW 1,923,070 for April 2, 2016, KRW 1,923,070 for May 2016, and KRW 1,217,950 for June 2016, and KRW 4,764,090 for the total wages of KRW 4,764,090 for each worker, as well as KRW 9,54,09 for the total wages of KRW 14 days from the date of each retirement without agreement on the extension of the payment period between the parties.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 9,652,227, respectively, within 14 days from each retirement date, as well as KRW 5,941,608, working in the said workplace from May 2, 2013 to June 17, 2016, as well as KRW 5,941,608, which was employed in the said workplace, without any agreement on the extension of the payment period between the parties.

[2017 High 387] The defendant is a user who operates franchise business (franchising beverage) by using 24 full-time workers as a representative director of the Geumcheon-gu Seoul Metropolitan Government E.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other allowances within 14 days after the cause for such payment occurred;

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