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(영문) 의정부지방법원 고양지원 2018.06.15 2018고단917
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a representative director of the company C, which is located in the Dong-gu Seoul Metropolitan City B building 302 in Goyang-si, Gyeonggi-do, and is a user who runs the retail business of telecommunications equipment and appliances by ordinarily employing seven workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 did not pay the total of KRW 3,00,00 in March 25, 2012 to June 16, 2017, as wages of KRW 3,000,00 in April 3, 200, monthly wage of KRW 3,000,000 in May, and monthly wage of KRW 1,60,00 in June 1, 2015, annual settlement refund money of KRW 67,970 in 2015, annual settlement refund money of KRW 87,720 in 2016, and KRW 15,690 in total, within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 14,868,579 of D retirement pay from the date of retirement within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline, as the researcher from January 25, 2012 to June 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data submission- Application of labor contract, wage ledger-related Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of not paying retirement benefits) concerning criminal facts;

1. Commercial concurrence;

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