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Reasons
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(영문) 수원지방법원 2015.01.14 2014고정518
근로기준법위반등
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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 the D Pung School on the second floor of the D Pung-si Building C, who is an employer who runs an educational service business using five full-time workers.

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;

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

Nevertheless, the Defendant did not pay KRW 3,066,380, respectively, within 14 days from the date of retirement where the cause for payment occurred without an agreement on extension of the due date between the parties, as well as KRW 1,66,380, total amount of wages of F, who worked from February 22, 2010 to June 28, 2013, from February 25, 2013 to June 28, 2013, as well as KRW 1,64,560, as well as KRW 14 days from February 25, 2013 to June 28, 2013.

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

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

Nevertheless, the Defendant did not pay KRW 11,99,760 in total, including KRW 4,700,510, and KRW 11,99,760,00 in F’s retirement pay from February 22, 2010 to June 28, 2013 and KRW 14 days from the date on which the cause for the payment occurred, without any agreement on the extension of the due date between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police replacement against F, E, and A;

1. Application of Acts and subordinate statutes to certified copies of judgment, Suwon District Court, 2013 Ghana 39464 (Mains) 2014 Ghana 27789 (Counterclaims);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional penalty:

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