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(영문) 창원지방법원 통영지원 2018.07.09 2018고정89
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a business operator who runs a vessel operation processing business using 100 full time in the name of D in the dispute settlement agreement in S, which is located in S, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

The Defendant has suspended business from office from May 2, 2017 to May 12, 2017 due to the suspension order to the Employment and Labor Dispute Resolution Co., Ltd. in the Ministry of Labor, and even after entering the same workplace on April 3, 2017 and works in painting work in the same workplace on October 19, 2017, the Defendant did not pay 7,391,707 won in total for six workers within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties, as shown in the attached crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Written confirmation of each petition and fact of each petition;

1. A business registration certificate, a labor contract, a detailed statement of salary, a detailed statement of unpaid leave allowance, and the attendance status in May 2017 (the defendant's reason why the defendant's business suspension is due to the suspension order of work by the Employment Agency due to the CJ's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C's C

Article 46 (1) of the Labor Standards Act provides that "If a business owner suspends his/her business due to reasons attributable to the employer, the employer shall pay the worker allowances of at least 70 percent of his/her average wage during the period of suspension of business.

“.......”

The reason for the payment of shutdown allowance is when a worker is unable to provide labor regardless of his/her will even though he/she has an intention to provide labor.

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