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(영문) 서울중앙지방법원 2019.02.20 2018고단6235
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of "C" in Gwanak-gu in Seoul Special Metropolitan City, and is an employer who runs a clock and temperature manufacturing business by employing nine full-time workers.

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

Nevertheless, the Defendant: (a) from November 1, 204 to November 1, 2017, engaged in the printing business at the pertinent workplace; (b) had not paid the total of KRW 2,300,150 in January 2, 2017; and (c) had not paid KRW 7,214,610 in September 2, 2017; and (d) had not paid KRW 1,712,906 in January 1, 2017 to his/her retired worker E, who had been engaged in the accounting business from November 1, 2017; and (b) had not paid the total of KRW 1,614,610 in September 1, 2017; and (c) had not paid KRW 1,60 in September 46, 2017; and (d) had not agreed on the grounds for the payment of wages between the parties concerned; and

Accordingly, the Defendant did not pay the total of 11,862,716 won to two workers within 14 days from the date of each retirement.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, if a worker retires, pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, and if the participant fails to pay the amount of contributions to the participant when the cause for such retirement, such as retirement of the participant of the defined contribution plan occurs, he/she shall pay the amount of contributions equivalent to at least 1/12 of the total annual wages of the participant and interest in arrears of the participant within 14 days from the date

Nevertheless, the Defendant’s retirement allowance of 11,920,214 won (retirement allowance portion from November 1, 2004 to August 31, 2009) of retirement allowances of d retirement workers who retired while serving as above, and 17,439.

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