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(영문) 서울남부지방법원 2020.08.12 2020고단1250
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of Gangseo-gu Seoul Metropolitan Government F and H Co., Ltd., who ordinarily employs ten workers and operates a reading room and library operation business.

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

except that if there are special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, despite the violation of the Labor Standards Act with respect to workers I, the Defendant is working at the construction site of H reading rooms, such as the J of Seodaemun-gu Seoul Western-gu Seoul.

With respect to retired workers I, the total amount of 7,654,240 won was not paid within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date, as shown in the [Attachment 3] list of crimes.

B. The Defendant, who violated the Labor Standards Act with respect to K, works in charge of planning and management from February 9, 2017 to June 4, 2018 at the above workplace.

On April 2018, K's retired K's 2,50,000 won of wages, 3,50,000 won of May 2018, and 466,666 won of June 2018, 2018, 934,850 won of the year-end year-end refund in 2017, and 8,25,670 won of the money in arrears, such as 8,25,186 won of the money in arrears, such as 8,25,186 won, without any agreement between the parties on the extension of the due date for payment.

2. When a worker retires from office, the employer in violation of the Retirement Benefits Guarantee Act shall pay the retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the defendant is working in charge of planning and management from February 9, 2017 to June 4, 2018 at the above workplace.

4,518,530 won of retirement pay of retired KK shall be extended on the date of payment.

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