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(영문) 인천지방법원 부천지원 2020.05.08 2019고정943
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative C in the Bupyeong-si B and the fourth floor and is a business operator who operates the clothing sales business using three full-time workers.

1. An employer who has not paid a weekly holiday allowance shall, if the worker dies or retires, pay the worker wages, compensations, or any 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, from September 1, 2015 to August 6, 2019, worked as a clothes seller at the pertinent workplace and did not pay KRW 2,239,020,020, including KRW 48,240,000,00,000,00 of the weekly holiday allowances, as shown in the attached crime list, as well as KRW 48,240,00,00,000, which were retired from office, within 14 days from the date of retirement, without agreement on the extension

2. Where a worker retires, the employer who has not paid a retirement allowance shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.

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

Nevertheless, from September 1, 2015 to August 6, 2019, the Defendant, while serving as a clothes seller at the pertinent workplace, did not pay KRW 4,203,536 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on the overdue payment of D wages and a written statement;

1. Details of calculation of unpaid weekly leave allowances and retirement allowances;

1. (D argument) Details of monthly unpaid holiday allowances, and details of calculation of weekly holiday allowances;

1. (Disclaimed D) Any statement of calculation of average wages and retirement allowances as a result of the calculation of retirement allowances;

1. Inquiry about liquidity details;

1. Business registration certificate;

1. Application of employment contract Acts and subordinate statutes;

1. Articles 109(1), 36, and 55(1) of the Labor Standards Act concerning criminal facts, and Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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