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(영문) 수원지방법원 안산지원 2016.11.25 2016고정1513
근로자퇴직급여보장법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the user who conducts manufacturing as the representative of E (State)F in Si interest-si.

1. Violation of the Labor Standards Act;

(a) When a worker retires, the employer shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurs;

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

Nevertheless, the Defendant is working from March 17, 2015 to April 4, 2016 at the above workplace.

The amount of KRW 7,858,213, total of KRW 3,460,00 in February 2016, KRW 3,620,00 in March wage, KRW 461,33 in April wage, KRW 316,880 in year-end settlement refund, and KRW 7,858,213 in April 201, was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any extension of the due date

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days, and if he/she fails to give such advance notice 30 days, he/she shall pay the ordinary wages for not less than 30

Nevertheless, on April 4, 2016, the Defendant did not pay KRW 3,460,000 of the dismissal allowance corresponding to the portion of ordinary wages for 30 days while dismissing G working at the above workplace without prior notice.

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

Nevertheless, the Defendant did not pay KRW 1,304,046 of G retirement allowance balance at the place described in paragraph 1(a), as described in the same paragraph, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties on extension of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each G statement;

1. The application of the Acts and subordinate statutes to the benefit ledger, the statement of urgency, and the details of passbook transactions.

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