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(영문) 수원지방법원 2015.10.15 2015고정1516
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 representative director of the Gangseo-gu Seoul Metropolitan Government C Co., Ltd. who runs a soil construction business with 11 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 the total amount of KRW 3,00,150 on April 19, 2014 of F working at the E-Newly constructed construction site located in Young-gu, Young-si from August 19, 2013 to October 31, 2014; KRW 3,024,000 on May 2, 2014; KRW 3,024,000 on June 6, 2014; KRW 3,037,50 on July 7, 2014; KRW 3,037,50 on August 3, 2014; KRW 3,008,00 on September 3, 208; KRW 3,000 on September 3, 2014; KRW 3,002,002,000 on October 3, 2014; KRW 23,501,500 on the date of payment;

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 3,548,565 of F’s retirement allowances and KRW 4,795,179 of G retirement allowances working from May 1, 2013 to August 31, 2014 at the site of new E-type E-construction located in Young-gu, Young-gu, Young-si, as well as KRW 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to G, H, F, and I prepared by a special judicial police officer;

1. Each output book, each retirement allowance calculation statement;

1. Details of unpaid benefits, and each working days in F and G; and

1.Each.

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