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(영문) 서울북부지방법원 2017.07.20 2017고정811
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a representative of E Co., Ltd. in Seoul Special Metropolitan City, who has run wholesale and retail business using four full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay the total amount of KRW 4,00,000 as wages of KRW 1,50,000 in October 2016, 201, and the total amount of KRW 2,500,000 in November 2016, to which he/she retired, within 14 days from the date of his/her retirement without agreement between the parties to the extension of the payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant had been working in the said workplace from April 11, 201 to June 30, 2016 and had not paid some of 9,945,202 of G retirement allowances within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Any part of the F statement in the fact-finding protocol by the police who is true or true;

1. Statement of the police statement related to G;

1. Details of confirmation of facts, such as telephone (26 pages of investigation records);

1. Labor contract (17 pages of investigation records), detailed statement of benefits (not more than 18 pages of investigation records), and detailed statement of transaction by account (23 pages of investigation records);

1. A letter of personnel records (36 pages of investigation records), a labor contract (38 pages of investigation records), a bonus ledger (39 pages of investigation records), a receipt collecting retirement income sources/payment statement (40 pages of investigation records), a certificate of confirmation of the results of transfer (not exceeding 41 pages of investigation records);

1. The ledger of bonus (64 pages of investigation records) and the detailed statement of salary (investigation records);

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