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(영문) 수원지방법원 안산지원 2017.06.08 2017고단952
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a representative C in Ansan-si, who is located in Ansan-si, and has engaged in manufacturing business (printed circuit board) using 30 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 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 worked in the above workplace from September 1, 2014 to October 10, 2016 and did not pay 7,448,224 won, including the sum of 5 employees in arrears, 307,784,780 won in August 2016, and 3,374,216 won in September 2016, 7,370,216, 730,084 won in October 1, 2016, and annual paid leave allowances, 1,558,40 won in total, 7,448,224 won in total, within 14 days from retirement without an agreement between the parties to payment, and did not pay 5 employees in arrears within 14 days from retirement without an agreement between the parties to payment.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay the total amount of 25,285,434 of the retirement allowances in arrears to four employees, as shown in the list of crimes attached hereto, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline, as well as the fact that the Defendant worked in the production place from September 1, 2014 to October 10, 2016 and did not pay the retirement allowances of 6,129,727 to D retired.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1.Each.

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