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(영문) 수원지방법원 2015.09.10 2015고정104
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant, as the representative director of the Corporation D, which is located in Heung-gu, Young-gu, the defendant, at least five full-time workers from January 1, 201, became more than five workers.

A user who runs a wholesale and retail business of livestock products using it is a user.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 KRW 2,146,806, in total, KRW 2,146,806, within 14 days from the date of retirement where the cause for the payment occurred, without any agreement between the parties on the extension of the due date between the parties, and KRW 1,612,903, and KRW 533,903, January 15, 2013 to January 2014, when the Defendant worked in the said workplace from October 9, 2010 to January 20, 2014.

2. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 KRW 10,462,107, respectively, within 14 days from the date of retirement, without agreement on the extension of the due date between the parties, of the F's retirement pay of KRW 7,294,563 and KRW 10,462,107, which had worked from October 9, 2010 to January 20, 2014, from December 10, 2006 to July 22, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement which is authentic;

1. Details of confirmation of fact, such as telephone (Evidence No. 13);

1. -A statement of payments (E), - A statement of payments (F), - A statement of calculation of retirement allowances shall apply to the law applicable.

1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

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