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(영문) 청주지방법원 2019.01.31 2017고정807
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is an employer who employs 38 full-time workers and conducts health business as the representative director of the E Medical Foundation F Hospital located in Chungcheong-gun D, Chungcheong-gun.

[2017 High Court Decision 807]

1. 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the said workplace worked from July 4, 2016 to July 15, 2017 and retired from the said workplace did not pay KRW 1,321,30,000 for the monthly wage of July 2017; KRW 1,033,492 for the unpaid annual paid leave; and KRW 1,350,000 for the monthly wage of July 24, 2017 to July 27, 2017; and paid KRW 5,67,740 for the monthly wage of July 4, 2017 to KRW 1,967,67,562,562 between the parties without agreement on the extension of the due date.

2. 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 special circumstances.

Nevertheless, it did not pay 4,265,70 won, total of 1,90 won, total of 1,908,580 won, and 4,265,70 won, from March 1, 2016 to March 10, 2017, within 14 days from each retirement date, without any agreement between the parties on the extension of the due date.

[2018 fixed-term 316] An employer shall pay retirement allowances within 14 days from the time when the grounds for such payment occurred when a worker retires.

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

Nevertheless, the above workplace works from February 1, 2016 to March 31, 2017.

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