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(영문) 청주지방법원 제천지원 2016.03.17 2015고단685
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the manufacturing of steel structures with 20 full-time workers in Co., Ltd., Ltd., which is located in Category B.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there exists an agreement between the parties on the extension of the date;

Nevertheless, the Defendant provided the said stock company with labor from February 1, 2014 to April 29, 2014, and did not pay KRW 1,575,000 of the wages of the retired worker D on April 4, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline. As stated in the attached Table, the Defendant did not pay KRW 13,525,810 for the total amount of wages of the retired worker 9 within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits of the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred, unless the parties agree on the extension of the due date.

Nevertheless, the Defendant provided the said stock company with labor from November 14, 201 to March 15, 201, and did not pay KRW 4,851,470 of retirement allowances E of retired workers from office within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned, and did not pay KRW 19,524,620 in total for four retirement allowances of the retired workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer to F, D, G, H, I, E, and J;

1. Details of account transactions, a statement of salary, a statement of insured status, and delayed payment;

1. Business registration certificate;

1. Application of power of attorney statutes;

1. Criminal facts;

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