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(영문) 인천지방법원 2020.02.11 2019고정1670
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 the representative director of building B and D, a corporation in subparagraph c, in Incheon, who runs the business of operating tourist accommodation by using eight regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all money and valuables at the same time within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant had worked from January 1, 2018 to March 11, 2019 at the above workplace and retired from the said workplace, and failed to pay the total of KRW 300,846 of the E’s wages in April 2018, the wage of 2,480,000 in June, the wage of 2,480,00 in August 2, 208, the wage of 2,480,480,000 in September, the wage of 2,480,00 in September, the wage of 2,480,00 in November, the wage of 2,480,480,00 in November, the wage of 2,480,00 in December, 200, the wage of 2,480,000 in February, 200, the wage of 2,480,000 won in February 48, 2026.

(b) 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 extenuating circumstances.

Nevertheless, the Defendant had worked from January 1, 2018 to March 11, 2019 at the above workplace, and did not pay KRW 2,955,592 of the retirement pay of E retired retirement pay within 14 days from the date on which the grounds for payment of the said payment occurred between the parties.

Summary of Evidence

Except as otherwise provided for in Acts, the date of preparation and the public office to which a public official belongs shall be stated, and his/her name and seal or signature shall be affixed to the documents prepared by the public official, and seal or measures corresponding thereto

(See Articles 57(1) and (2) of the Criminal Procedure Act. The protocol of statement by the police against E No. 4 of the evidence list shall be made.

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