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(영문) 수원지방법원 안산지원 2014.06.10 2014고단186
근로기준법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant did not pay KRW 1,30,00 for September 1, 201, KRW 1,300,00, KRW 2305,210 for the portion of November 4, 201, KRW 5,340,030, KRW 5,61,00 for the portion of December 5, 201, KRW 61, KRW 4,740 for the mechanical manufacturing business, and KRW 14,80 for the portion of February 1, 2009 to March 11, 201, and KRW 23,01, KRW 2305,00 for the retirement of E, who was employed by 19 full-time workers under the trade name of Si-si (ju) D in Si-si, and KRW 5,61,00 for the portion of January 5, 2012; and KRW 4,41,740 for the portion of March 1, 2012;

In addition, the Defendant did not pay 57,530,460 won in total to workers on seven occasions within 14 days from the time when the cause for the payment occurred, even from around that time to April 1, 2012, even though there was no extension of the due date by an agreement between the parties.

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 any cause for such payment occurred; and

The Defendant paid retirement allowance of KRW 17,155,930 as retirement allowance within 14 days from the retirement of E, who was employed by 19 full-time workers under the trade name of SD in Si-si, and who was employed by E, from February 1, 2009 to March 11, 2012, even though he retired, the Defendant did not pay the retirement allowance of KRW 17,155,930 within 14 days from the retirement.

In addition, the Defendant, from around that time to April 1, 2012, paid the total amount of 35,149,790 won of retirement allowances to employees on seven occasions in total within 14 days from the time when the cause for the payment occurred, although there is no extension of the due date by an agreement between the parties.

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