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(영문) 의정부지방법원 2021.03.10 2020고단3403
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant, as the H representative in Yangju-si, is a full-time worker who runs the educational service business using 13 full-time workers.

When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 4,234,355 of the I’s wages, which was retired from the said workplace from July 29, 2019 to January 31, 2020, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, and did not pay KRW 16,449,365 in total for three workers as stated in the [Attachment] Nos. 1, 2, and 8 of the money and valuables in arrears, without any agreement on the extension of the payment deadline between the parties.

The Defendant is the H representative in Yangju-si, who runs the educational service business using 13 full-time workers.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 6,55,000 won, including the wage of 3,755,000 won in January 2, 2020, and the wage of 2,800,000 won in February, 202, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period between the parties.

Summary of Evidence

[200 Highest 3403]

1. The Defendant’s legal statement I, the written statement L of the police statement L of the police statement I, K, and L with each overdue wage in arrears (2020 order 3827 / [20 order 3827] the application of the law of J of the police statement to the Defendant’s legal statement J

1. Criminal facts;

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