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(영문) 대전지방법원 2020.06.11 2019고단3849
근로자퇴직급여보장법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of E Co., Ltd. located in Sejong Special Self-Governing CityD, who employs 23 workers and operates transportation business.

Nevertheless, the Defendant, while working in the foregoing workplace from February 8, 2012 to January 31, 2019, did not pay KRW 12,985,409 of the F's retirement pay retired from the said workplace within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the due date.

The defendant of "20 high-level 1399" is the E representative of Sejong Special Self-Governing City D, who employs ten full-time workers and operates tourist bus operation business.

1. 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 worked at the said workplace from April 4, 2018 to August 31, 2019, and worked for the retired worker G on August 8, 2019 and from September 25, 2017 to August 31, 2019, and did not pay the total of KRW 4,60,000,000 as wages of the retired worker H on August 2, 2019 without an agreement on the extension of the payment date between the parties concerned.

2. 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 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 worked in the said workplace from April 4, 2018 to August 31, 2019 at the said workplace and worked in the said workplace as well as KRW 5,270,505 of G retirement pay for retired workers and between September 25, 2017 to August 31, 2019 and KRW 9,748,68,681 of H retirement pay for retired workers.

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