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(영문) 서울중앙지방법원 2015.01.15 2014고정3777
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 actual operator of the (ju)C in Gangnam-gu Seoul Metropolitan Government 3 floors, who employs 5 to 10 full-time workers and operates software development business.

[2014 High Court Decision 377]

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

Nevertheless, the Defendant is working from February 1, 2011 to November 30, 2013 at the above workplace.

As for retired workers D, wage of 1,853,780 won in June 2013, wage of 1,834,170 won in July 2013, wage of 834,170 won in August 2013, wage of 1,213, wage of 1,213,360 won in September 2013, wage of 810,233 won in November 2013, wage of 73,618,783 won in year-end tax settlement refund of 2012, and wage of 73,070 won in January 2, 2013 to August 31, 2013.

The 2,219,140 won paid to retired workers E in June 2013, the 2,716,210 won paid in July 2013, and the 2,716,210 won paid in August 2013, and 7,651,560 won paid in August 2013, respectively, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from February 1, 2011 to November 30, 2013 at the above workplace.

3,540,610 retirement allowances for retired workers D were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2014 High Court Decision 3981]

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

Nevertheless, the Defendant is working from May 6, 2012 to November 26, 2013 at the above workplace.

The retired FF’s wages of 1,219,300 won in July 2013, wage of 600,000 won in August 2013, wage of 1,031,510 in September 2013, and wage of 1,031,510 in September 2013.

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