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(영문) 전주지방법원 정읍지원 2019.01.31 2018고단350
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 president of the L Hospital located in the Jeonbuk-gunK, and is an employer who runs a hospital business by employing 40 full-time workers.

"2018 Highest 350"

(a) 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;

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

Nevertheless, the Defendant, at the above workplace from September 1, 2016 to May 31, 2018, did not pay the total of KRW 1,751,665 on May 1, 2018 and KRW 70,840 on the income tax year-end refund, and KRW 1,751,665 on the extension of the payment date, within 14 days from the date of retirement without agreement between the parties concerned.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant, at the foregoing place of business from September 1, 2016 to May 31, 2018, did not pay KRW 2,988,459 of retirement allowances of M retired from office within 14 days from the date of retirement without agreement between the parties.

An employer of the 2018 Highest 436 [Violation of the Guarantee of Workers' Retirement Benefits Act] shall pay a retirement allowance to a worker within 14 days after the ground for such payment occurred.

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

Nevertheless, the Defendant, at the foregoing place of business, served from May 7, 2014 to January 31, 2018 and served as retirement allowances of the N, 4,777,574 won, within 14 days from the date of retirement without agreement between the parties.

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