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(영문) 서울북부지방법원 2020.10.28 2019고정1581
근로기준법위반
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 Seongbuk-gu Seoul Metropolitan Government "2019 High-level 1581" is a user who runs a construction business (electronic construction) using not less than 70 full-time workers as the representative director of the Association in Seongbuk-gu D.

When a worker dies or retires, the employer shall pay the wages, compensations, and all money and valuables at the same time 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 the total of KRW 14,483,402 to three retired workers within 14 days from the date of each retirement, which is the date of the occurrence of the payment, without agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table 1 at the new site of G factory located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.

The defendant is a user who runs a construction business as the representative director of Seongbuk-gu Seoul Metropolitan Government Association for the settlement of disputes.

When a worker dies or retires, the employer shall pay the wages, compensations, and all money and valuables at the same time 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 is working from May 22, 2018 to December 3, 2018 at the above workplace.

A retired H’s wage of KRW 1,475,00 on October 1, 2018, was not paid within 14 days from the date of retirement, and was not paid for KRW 27,490,000 in total for five workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as shown in attached Table 2 of the List of Crimes.

Summary of Evidence

"2019 Highly 1581"

1. Defendant's legal statement;

1. Each written statement of I, J and K;

1. The details of monthly savings passbook transactions, the details of subscription for pension calculation, written confirmation of subscription for pension calculation, and the details of January wage of the Act; and

1. Defendant's legal statement;

1. The police of H. H.

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