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(영문) 의정부지방법원 2018.07.10 2017고단3098
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 3098,” as the representative director of “(State) D” and “(StateE) E” located in Gyeonggi-ri-si, is an employer who is engaged in the business of installing telecommunications services and wire-line equipment using 16 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 37,32,891 of the wages of nine retired workers within 14 days from the date of the occurrence of the reasons for payment, as stated in the detailed statement of personal delayed payment of money and valuables, including the fact that the Defendant did not pay KRW 500,000 of the worker F, who worked at the above (ju) workplace from May 2, 201 to April 30, 2017 at the said workplace, as well as the amount of KRW 37,332,891 in total, as stated in the detailed statement of personal delayed payment of money and valuables.

2. When a worker dies or retires, an employer shall pay him/her a retirement allowance within 14 days from the date on which the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 18,210,58 of F's retirement allowance working in the above workplace from May 2, 201 to April 30, 2017, and did not pay KRW 42,176,163 of the total amount of four retired workers within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment without an agreement between the parties on the extension of the payment date of the money and valuables in arrears.

3. When concluding a labor contract, an employer shall deliver workers with such written statements as clearly stating wages, prescribed working hours, holidays, annual paid leaves, and other working conditions.

Nevertheless, the Defendant from September 19, 2016 to November 2016.

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