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(영문) 서울남부지방법원 2018.01.18 2017고단1065
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 of the Geumcheon-gu Seoul Metropolitan Government 2017 High Group 1065 is the representative of C, a corporation with B and B 2407, who runs software development business using seven full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

From December 17, 2012 to March 10, 2016, the Defendant had not paid KRW 26,135,507 in total, as indicated in the attached crime list, as well as KRW 1,252,750, Oct. 1, 2015 of retired workers D, who had worked in a software development position in the said workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

From December 17, 2012 to March 10, 2016, the Defendant did not pay 12,622,958 won in total, including 10,727,890 won of retirement allowances of retired workers D who worked in a software development position at the pertinent workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, as shown in the list of crimes in the attached crimes.

The Defendant of Geumcheon-gu Seoul, Geumcheon-gu, Seoul 2407, and C representative Co., Ltd. located in the same 2407, is an employer who has been engaged in software development business with seven full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other allowances within fourteen days after the cause for such payment occurred;

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