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(영문) 전주지방법원 2014.02.13 2012고단3599
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

1. When a worker dies or retires, the employer who has given rise to arrears shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed on the extension of the due date;

The Defendant is an employer who runs bus transportation business under the trade name “D” in the Dongdaemun-gu Seoul Metropolitan City. A.

The Defendant had workers E provide labor from July 15, 2004 to July 14, 2012 by allowing workers E to engage in bus driving duties.

Nevertheless, without an agreement on the extension of the payment date, the Defendant did not pay to the Defendant the sum of KRW 25,62,560, including KRW 1,109,260 in July 2012, KRW 1,242,440 in the quarterly bonus in the first quarter of July 2012, KRW 2,350,70 in the second quarter bonus in the second quarter of July 2012, KRW 819,090 in the annual salary in 2012, and KRW 20,62,560 in the retirement allowance within 20,141,070 in the retirement allowance.

B. From March 18, 2006 to June 30, 2012, the Defendant had workers F F provide labor by having them engage in bus driving duties.

Nevertheless, the Defendant did not pay 22,59,900 won in total, including 1,655,740 won in the first quarter bonus, 3,484,060 won in the second quarter of 2012, and 17,460 won in retirement pay, within 14 days from the date of retirement of F without agreement on extension of the due date.

2. An employer who violates a collective agreement shall not violate matters concerning wages, welfare expenses, retirement allowances, etc. among the details of the collective agreement;

The Defendant is an employer who is engaged in bus transportation business under the trade name “D” in Geumcheon-gu Seoul Metropolitan City, Seoul.

The Defendant, around June 24, 201, pursuant to a collective agreement concluded between the above company and the G Trade Union, around July 1, 201, to the 10th day of each month from July 1, 2011 to June 30, 201, subsidized KRW 500,00 in terms of welfare expenses to the branches of the above trade union D branch consisting of employees belonging to the above company.

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