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(영문) 창원지방법원 2018.09.20 2018고정255
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Gyeonggi-si, and is an employer as a person in charge of business operation who employs 78 full-time workers and operates food manufacturing business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from December 14, 2015 to August 25, 2017, retired from Korea as a sales employee belonging to the said company E located in Sung-gu, Sungwon-si, Sungwon-si, Sungwon-si, and the Defendant did not pay KRW 166,50 on December 12, 2015 within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment period between the parties, and did not pay KRW 20,895,092 in total for four workers within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment period between the parties.

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

Nevertheless, the Defendant, from December 14, 2015 to August 25, 2017, worked as sales workers belonging to the said company E located in Seongbuk-gu, Sungwon-si, Sungwon-si, Sungwon-si, and the Defendant did not pay KRW 2,430,00 of the F's retirement pay within 14 days from the date of retirement, which is the date of payment, without the agreement between the parties on the extension of the payment period between the parties, and did not pay KRW 16,55,131 in total, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of payment, without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, H, F, I, J, and K;

1. Each written petition;

1. Application of Acts and subordinate statutes to the details of money and valuables in arrears;

1. Criminal facts;

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