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(영문) 울산지방법원 2015.12.18 2014고정1575
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Driju station in Yangsan-si, Yangyang-si, who runs a main retail business with five regular workers.

1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage to the minimum wage amount above the minimum wage amount, and shall pay the hourly wage of at least 4,320 won, which is the minimum wage, from January 1, 201 to December 31, 201, the hourly wage of at least 4,580 won, which is the minimum wage, from January 1, 201 to December 31, 201, the hourly wage of at least 4,860 won, which is the minimum wage, and the hourly wage of at least 4,860 won, which is the minimum wage, from January 1, 201 to December 31, 2012.

Nevertheless, the Defendant has worked as a gas station from September 2, 201 to February 20, 2013 at the above workplace.

From September 201 to February 2013, retired E paid wages below the minimum wage level, as shown in the attached Table 1, while paying wages to retired E.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 works as a gas station from September 2, 201 to February 20, 2013 at the above workplace.

The retirement E did not pay the total amount of KRW 19,219,295 in arrears, such as attached Table 2, within 14 days from the date on which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

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

Nevertheless, the Defendant is a gas station from September 2, 201 to February 20, 2013 at the above workplace.

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