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(영문) 수원지방법원 성남지원 2015.07.24 2014고정2151
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

[2014 Highly 2151] The defendant is a user who runs outdoor advertising business using 15 full-time workers as the representative director of C Co., Ltd. located in Gwangju-si.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 did not pay KRW 23,910,124 in total, including KRW 2,290,320 of D’s wages for April 2014, which worked from March 24, 2014 to June 30, 2014 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date for payment.

2. 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 is working from May 1, 2001 to May 23, 2013 at the above workplace.

18,240,130 won of retirement allowance of retired E was not paid within 14 days from the date on which the grounds for such payment occurred.

[2015 Dismissal 170] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when 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 KRW 1,800,000,000, working at the said C’s workplace from October 19, 2013 to June 30, 2014, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties on the extension of the due date.

(i) the evidence;

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