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(영문) 수원지방법원 평택지원 2017.04.27 2016고단1686
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant 1, "2016 Highest 1686", is a user who operates the manufacturing business as the representative director of JJ, a corporation located in Pyeongtaek-si I.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 14,138,402 to five workers, such as KRW 3,232,177 of K’s wages in the above workplace and KRW 7,8,11,12, and 15 of the annexed crime list, within 14 days from the date of retirement, without agreement between the parties to the extension of the payment date.

The defendant 2885 of "2016 Highest 2885" was the representative director of the JJ, which is in Pyeongtaek-si I, and was employed by 70 full-time workers in the manufacturing industry such as electronic components, etc., and entered the retirement benefit plan of workers in May 21, 2013.

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

Nevertheless, the defendant did not pay 10,369,475 won in total for four retired workers as stated in Nos. 2, 4, 5, and 8 of the List of Crimes, including the sum of 916,560 won in arrears of the victim L, who was employed in the above workplace and retired from the above workplace, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline.

2. If an employer who violates the Guarantee of Retirement Benefits of Workers has unpaid contributions to a participant of a retirement pension plan during the period of retirement, the employer shall pay the contributions and interest accrued therefrom to the account of the relevant participant within 14 days after the ground for such unpaid contributions occurs;

Nevertheless, the defendant is above.

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