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Reasons
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(영문) 수원지방법원 안산지원 2014.09.30 2014고정752
근로기준법위반등
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Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Ansan-si, Ansan-si, who is an employer who employs nine full-time workers and operates a restaurant business.

When a worker 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing workplace from March 8, 201 to April 17, 2013, worked as the kitchen, and did not pay KRW 2,63,590 in total, including KRW 1,333,590 (13-day portion) and 1,330,000 (14-day portion) and 1,63,590 (14-day portion), within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked as the kitchen chief from March 8, 201 to April 17, 2013 at the above workplace, and did not pay 401,730 won of retirement pay to retired E within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. Each police statement in E and F;

1. Labor contract, details of calculation of overdue wages, and details of account transfer;

1. Application of Acts and subordinate statutes to a report on the results of investigation (Evidence records No. 202, No. 202);

1. Article 109 (1), Article 36 of the Labor Standards Act (the fact that the annual paid leave is not paid and the annual paid leave is not paid) concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the retirement allowance is not paid);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional penalty:

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