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(영문) 수원지방법원 2019.05.16 2019고정67
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a C's manager in Masung-si, who employs 11 workers at all times and conducts dump truck transportation business. A.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and 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 works in the above workplace from January 9, 2017 to May 27, 2018.

In addition, the amount of 1,354,830 won paid in April 2018 for retired workers D and the amount of 3,50,854,830 won paid in May of the same year, and the amount of 4,854,830 won paid in aggregate for 6 workers, as stated in the details of personal delayed payment, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

(b) 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 works in the above workplace from January 9, 2017 to May 27, 2018.

The retirement allowance of retired workers D was not paid 4,735,158 won within 14 days from the date of retirement without any agreement between the parties on the extension of payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each statute on filing of a complaint;

1. The facts constituting an offense are: (a) Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); (b) Articles 109(1) and 36 of the former Labor Standards Act; and (c) Articles 109(1) and 36 of the former Labor Standards Act.

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