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(영문) 대전지방법원서산지원 2020.09.24 2020고정123
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

On March 1, 2018, the Defendant was the representative director of the company C in Chungcheongnam-gun, Chungcheongnam-gun, and was an employer who is operating a excursion ship business by using 13 full-time workers, and was established a defined contribution plan on March 1, 2018 with the consent of the employee representative in order to pay wages to retired workers.

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 the total amount of KRW 22,156,205 within 14 days from the date of retirement without agreement between the parties on the extension of the due date of payment between the parties, such as the details of the payment in arrears including KRW 99,668, holiday work allowances and KRW 348,838,00 of D’s work hours in February 10, 2007 and KRW 4,524,152.

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

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

Nevertheless, from December 10, 2007 to September 30, 2019, the Defendant did not pay 30,804,364 won of retirement allowances for the continuous service period from December 10, 2007 to February 28, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of payment period.

(c) Where a participant of a defined contribution plan has unpaid contributions to such participant when he/she retires, the employer shall pay the contributions and interest in arrears to the relevant participant's account of the defined contribution plan within 14 days from the date of such retirement;

provided, however, that special;

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