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(영문) 서울동부지방법원 2020.02.07 2019고정986
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2019 High Court Decision 986] The Defendant is the actual manager of C Co., Ltd. in Sju City B, who runs a construction business with three regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 KRW 300,00,00 paid monthly wages of October 10, 2017 to August 17, 2018, and KRW 2,00,000 paid monthly wages of July of the same year, and KRW 1,348,390 paid monthly wages of August of the same year, and KRW 3,648,390 paid monthly wages of the same year within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

[2019 High Court Decision 2009] The Defendant is the actual manager of C Co., Ltd. in Sju City B, who runs a construction business with ten regular workers.

An employer, when a worker dies or retires, shall pay all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred, despite the fact that the Defendant worked at the said workplace from July 23, 2018 to November 21, 2018, and the Defendant did not pay 12,734,890 won in total for seven workers as shown in the attached Table 1, as shown in the attached Table 1, including 1,309,084 won in November 2018, and did not pay 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

[20, 2020, 43] The Defendant is the actual manager of C Co., Ltd., which is in female city B, who runs a construction business with three regular workers.

1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall also state such terms and conditions as wages;

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