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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단1574
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as a representative of Co., Ltd. D in Pakistan, is a user who runs a coffee manufacturing business using 10 full time workers.

When a worker dies or retires, the employer shall pay the Kim Jong, compensation, and all other money and 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 is working from January 2, 2015 to August 31, 2015 at the above workplace.

On July 2015, E of retired workers, including the total of KRW 1,600,000 in wages of 1,600,000 in August of the same year and KRW 3,200,000 in wages of 1,60,000 in August of the same year, and as indicated in the attached list, the amount of KRW 14,905,780 in wages of 9 retired workers was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between

When a worker retires, the employer shall pay the retirement allowance 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 suspect is working from April 3, 2014 to November 19, 2015 at the same place of business.

A retired worker's retirement allowance of KRW 2,820,175 was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Application of Acts and subordinate statutes to corrective instructions and orders concerning violations of labor-related Acts;

1. Articles 109(1) and 36 of the Labor Standards Act, and Articles 44(1) and 9 of the Guarantee of Workers' Retirement Benefits Act, which provide for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;

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