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(영문) 부산지방법원 동부지원 2016.03.23 2015고단2259
근로기준법위반등
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is an employer who has operated a construction enterprise called (State) I in Suwon-gu, Busan.

1. An employer in violation of the Labor Standards Act shall, in case where a worker retires, pay wages, or other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned on the special grounds;

Nevertheless, the Defendant, who retired from office from office from October 4, 201 to July 31, 2014, did not pay 6,708,470 won in total, including KRW 1,882,060 in July 2014 and KRW 147,850 in annual settlement of accounts as of July 2014, and KRW 2,029,910 in the attached Table No. 3,4,470 in the attached Table No. 3,4,470 in total, as described in paragraphs (1) and (5) of the attached Table of Crimes, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who has established a retirement pension plan to determine a violation of the Act on the Guarantee of Retirement Benefits of Workers shall pay, in cash, a contribution equivalent to at least 1/12 of the total annual amount of wages of a participant to the account of a participant in a retirement pension plan, and, in cases where a participant in a retirement pension plan has unpaid contributions to such participant at the time of occurrence of a cause, such as retirement of a participant in a defined retirement pension plan, the employer shall, in special circumstances, pay the contributions and interest accrued on delay to the account of the relevant participant within 14 days from the date of occurrence of such cause,

Nevertheless, the Defendant, as seen above, had retired from the company from office from January 4, 201 to July 31, 2014, including KRW 2,979,460 of the unpaid amount of charges to J from January 1, 2013 to July 31, 2014, and KRW 9,253,370 of the unpaid amount of charges to three retired workers, as described in J, K, and L in the Schedule of Crimes (2) of the Attached Table, is 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

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