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(영문) 대전지방법원 서산지원 2018.11.01 2018고단639
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 of "2018 Highest 639" is the representative of the K K-si, who is a full-time worker and operates a manufacturing business (production of steel structures) by using ten full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, 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, as indicated in the [Attachment 4] List of Crimes Nos. 4, 2017, the Defendant worked from June 5, 2017 to January 31, 2018, and did not pay wages of KRW 4,500,000 for retired workers, including annual allowances of KRW 1,178,947, and annual allowances of KRW 1,178,947, and KRW 1,009,570 for other money and valuables, and KRW 6,68,517 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

The defendant of "2018 Highest 683" is the representative of the K K-si, who is a full-time worker and operates a manufacturing business (production of steel structures) using eight full-time workers.

1. If an employee in violation of the Labor Standards Act related to overdue payment of wages dies or retires, the employer shall pay the employee wages, compensations, or 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 11,40,00 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, which had worked in the above workplace from September 11, 2017 to January 15, 2018.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, make the pre-employment at least 30 days, and if he/she fails to make the pre-employment thirty days, he/she shall pay the ordinary wages for not less than thirty days.

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