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(영문) 인천지방법원 2019.05.17 2019고정532
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of Yeonsu-gu B apartment C, Yeonsu-gu, Incheon, who runs the business of supplying and transporting aggregate by using 30 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all 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 20,919,063 won in total, including 496,524 won in November 2017, 2017, among workers E, who worked at the above workplace from February 12, 2016 to July 16, 2018, within 14 days from the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date for payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 6,705,712 of the retirement allowances of E, who worked from February 12, 2016 to July 16, 2018, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

3. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount determined and publicly notified each year in excess of the minimum wage amount determined and publicly notified by the Minister of Employment and Labor, and shall pay wages of 6,030 won per hour which is the minimum wage in 2016, 6,470 won per hour in 2017, and 7,530 won per hour in 2018, respectively.

Nevertheless, the defendant at the above workplace from February 12, 2016 to July 16, 2018.

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