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(영문) 청주지방법원 2013.08.13 2013고단521
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of D in the Chungcheongbuk-gun C and is a user who runs plastic processing business using 13 full-time workers.

1. An employer of a violation of the Labor Standards Act shall, where a worker dies or retires, pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred: Provided, That the period may, in special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant did not pay the total amount of KRW 15,310,251, which is the total amount of wages of KRW 2,000,000 on December 12, 2012 of E, which was retired from the said workplace on January 16, 2013, including the fact that the payment was not made without agreement between the parties concerned, as stated in the attached Table, as to the extension of the payment due date, to 15,310,251, as of the extension of the payment due date,

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: Provided, That the period may, in special circumstances, be extended by mutual agreement between the parties concerned; and

Nevertheless, the Defendant did not pay the retirement allowance of KRW 1,968,438, which was retired on January 16, 2013 at the same place of business, in total, KRW 5,543,248 of the retirement allowance of two retired workers, including the fact that the payment was not made within 14 days from the date of retirement without an agreement between the parties concerned, as stated in the details of personal arrears in the separate sheet, as to the extension of the payment date without agreement between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, E, and G;

1. Each written petition of F, E, and G;

1. Application of Acts and subordinate statutes to clearing plans for delayed payment of wages;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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