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(영문) 전주지방법원 2014.05.02 2013고정1158
근로기준법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the representative director of the Seoul Special Metropolitan City(Seak) C, is a user who runs the taxi transport business by employing 50 full-time workers as a full-time worker.

"2013 Highly 1158"

1. 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working as a driver from December 5, 2008 to August 30, 2013.

D's total amount of wages of KRW 1,637,051, including wages of KRW 767,686 in July 2013, and KRW 869,365 in August 2013, is not paid within 14 days after the cause for the payment occurred without agreement between the parties to the extension of the due date.

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

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

Nevertheless, the defendant is working as a driver from December 5, 2008 to August 30, 2013.

3,982,28 of retirement pay D's retirement pay has not been paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

"2014 Highly 228"

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year (the minimum wage rate shall be 4,860 won during the period from January 1, 2013 to December 31, 2013);

Nevertheless, the Defendant paid KRW 4,435 through KRW 4,838 to 34, such as E, who works as a driver from April 6, 1991 at the above workplace, to 34 persons, including E, who work as a driver, as shown in attached Table 1 of the Minimum Wage Grade in 2013, as in attached Table 1.

2. Wages shall be directly in currency.

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