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(영문) 수원지방법원 안산지원 2021.02.04 2020고단1973
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the building B or D in sub-paragraph C, who employs 12 full-time workers and operates a building management service business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 13,130,944 respectively from the date of each retirement without agreement on the extension of the payment period between the parties, as well as 13,130,94 won per 14 days from the date of each retirement, as well as 1,392,80 won per annual allowances of retired workers F, who worked in the field of Goyang-si, Seo-gu, Busan Metropolitan City, Seo-gu, in the above workplace, from January 1, 2019 to December 31, 2019.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay 25,035,362, respectively, within 14 days from each retirement date, as well as 2,581,797 retirement allowances of retired workers F, who were employed in the field of Goyang-si, Seo-gu, Busan, Seo-gu, Busan, in the above workplace, from January 1, 2019 to December 31, 2019, as well as 25,035,362, including 10 retirement allowances of retired workers, in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with ten persons, such as the F;

1. Application of Acts and subordinate statutes to the labor contract (ten persons, such as F), the ledger of benefits, details of transactions of passbooks of benefits, details of arrears, average wages and retirement allowances;

1. Article 109(1) of the Labor Standards Act for criminal facts (wages.....)

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