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(영문) 창원지방법원 2015.04.24 2015고정118
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[2015 High Court Decision 2018] The Defendant is an employer, who is a representative of social welfare foundation C located in Seongdong-gu, Seongbuk-gu, Sungwon-si, who ordinarily employs one worker and operates social welfare service business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables 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 defendant is working from June 18, 2013 to March 3, 2014 at the above workplace.

A withdrawn money and other valuables (business promotion expenses) KRW 600,000 have not been paid within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without any agreement on extension of the payment

[2015 High Court Decision 2019] The Defendant is an employer who is a representative director of F social welfare foundation E located in the window of Changwon-si and is engaged in medical service business using 13 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables 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 Defendant did not pay KRW 2,983,471 within 14 days from the date of retirement, which is the date of the occurrence of each cause for payment, without any agreement between the parties concerned regarding the extension of the due date for payment, in total of the amount of KRW 1,50,00,00 of G’s wage for January 28, 2013 and January 31, 2014, including retirement allowances of KRW 1,483,471.

Summary of Evidence

[2015 High Court Decision 118]

1. Partial statement of the police interrogation protocol of the accused;

1. A written statement of D;

1. Labor contract (2015 high-level 119);

1. Partial statement of the police interrogation protocol of the accused;

1. The police in relation to G.

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