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(영문) 창원지방법원 마산지원 2013.07.02 2013고정5
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who is a representative in Changwon-si B, Changwon-si, who employs 30 full-time workers and operates a health business.

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.

Nevertheless, the Defendant did not pay the total amount of KRW 18,495,620 as well as KRW 813,680 on March 3, 2012, which was worked as a caregiver from November 1, 2008 to May 31, 2012 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the payment and the parties to the payment.

The Defendant is an employer who is a representative in Changwon-si, Changwon-si B, who employs 30 full-time workers and operates a health business. A.

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.

Nevertheless, the Defendant did not pay the total amount of KRW 46,026,54 of wages of 21 workers within 14 days from the date of retirement as of the date of the occurrence of the cause for payment without agreement between the parties concerned on the extension of the payment period, as well as the amount of KRW 723,490 on March 3, 2012, which was worked as a caregiver from August 23, 2008 to June 30, 2012.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

except that there are special circumstances.

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