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(영문) 청주지방법원 2017.02.16 2016고정556
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 of "2016 High 556" is the representative of D in Seocho-gu Seoul Special Metropolitan City, Cheongju-si, who employs 210 full-time workers and operates a subsidy program for activities of disabled persons.

1. Where an employer who has paid annual paid leave allowances to retired workers retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

From November 21, 2012 to February 27, 2015, the Defendant did not pay 10,686,80 won for annual paid leave allowances of 2014 to retired workers N, including 458,480 won for annual paid leave allowances of 2014, annual paid leave allowances of 491,040 won for annual paid leave allowances of 2015, and 949,520 won for annual paid leave allowances of 2015, as shown in the list of crimes in attached Table (1), within 14 days from the date of retirement, without agreement between the parties on the extension of the payment date.

2. An employer who fails to pay annual paid leave allowances to employed workers shall pay workers wages on a fixed date at least once a month;

From February 1, 2013, the Defendant did not pay 9,625,440 won per annual paid leave allowances of 9 employees, including 491,040 won per year paid leave allowances of 2015, which had been employed as an assistant to activities of persons with disabilities at the above workplace, on the date of the regular payment of wages before and after the annual paid leave, as shown in the attached Table of Crimes List of (2).

"2016 High 753"

1. Wages in violation of the Labor Standards Act shall be paid at least once a month on the fixed date;

Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.

Nevertheless, the Defendant, from October 1, 2007, has been working in the above center until now, 14,535 won of overtime work allowances for 2016 and June 1, 2012.

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