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(영문) 청주지방법원 2018.02.22 2018고정28
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative in Jincheon-gun, Jincheon-gun, and is an employer who ordinarily employs 45 workers and operates grain production business.

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

Nevertheless, the Defendant did not pay 10,237,244 won, including 1,681,195 won in February 1, 2017, which was retired from the said workplace as a production worker from August 1, 2015 to March 19, 2017, as well as 10,237,244 won in total for four retired workers, as described in the attached crime list, to the extension of the payment date without agreement between the parties.

2. The full amount of wages shall be paid directly to workers in currency;

Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay the total amount of KRW 4,729,449 on April 15, 2017, including KRW 2,323,065 in March 2017, E, who worked in production from September 15, 2014 to the present place of business, as well as KRW 4,729,449 in total, for three employees in employment, as indicated in the attached list of crimes.

3. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant, at the above workplace, has been employed as a production worker from August 1, 2015 to March 19, 2017, as well as KRW 2,679,287 of D retirement pay, as shown in the list of crimes in the attached crime.

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