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(영문) 수원지방법원안산지원 2020.08.12 2020고단711
근로기준법위반등
Text

A defendant shall be punished by imprisonment for three months and a fine for 700,000 won.

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

Reasons

Punishment of the crime

The Defendant is the actual manager of Da in Masan-gu, Masan-si, Gyeonggi-do, who was engaged in wholesale and retail business with five full-time workers.

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

Nevertheless, the defendant has worked until November 20, 2019 in the above workplace, such as the attached list of crimes.

Wages 5,177,410 won and December 10, 2019 of retired D’s wages are employed until December 10, 2019.

The retirement E did not pay the total amount of KRW 13,622,570, which is the total amount of wages of two workers, including 8,445,160, within 14 days from the date of each retirement, without any agreement between the parties on the extension of the due date.

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

Nevertheless, the defendant is working from September 26, 2018 to November 20, 2019 at the above workplace.

The retirement allowance of 2,256,697 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

The defendant of 2020 Man-Ma152 is a person in charge of the C's office in Masan-si, Masan-si, Ansan-si, who runs the wholesale and retail business with one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

However, in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant is a party with respect to the extension of the payment date of KRW 2,374,070, total amount of wages of F who worked from June 20, 2019 to October 15, 2019, including KRW 1,604,200 in September 2019, and KRW 769,870 in October 2019.

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