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(영문) 수원지방법원 안산지원 2016.01.21 2015고정585
근로기준법위반등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, as a manager of H and C Dong 605, is an employer who runs the business of manufacturing measurement and control systems using eight full-time workers.

[2015] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Defendant 1 did not pay 1,176,140 won in total, as well as 7,950,000 won in the amount of wages of J employed from November 25, 2013 to April 11, 2014 at the same place of business, within 14 days from the date of retirement where the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline, as well as 11,176,140 won in total, of the wages of three employees, as in the attached Table 1,6,8.

[2015 High Court Decision 960]

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant did not pay KRW 23,702,687, including the sum of K’s wages, 2,269,224, who worked from September 10, 2013 to January 24, 2014 at the same place of business, within 14 days from the date of retirement where the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline, as stated in Appendix II.

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

The Defendant did not pay KRW 2,489,952, total amount of KRW 9,414,832, including KRW 2,489,952, who worked in the said workplace from November 1, 2012 to January 24, 2014, as stated in Appendix II, within 14 days from the date of retirement where the cause for payment occurred, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

[2015 High 585]

1. The defendant's person;

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