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(영문) 부산지방법원 2018.07.05 2017고정1773
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

"2017 High Doz. 1773"

1. The Defendant who is not paid wages and retirement allowances is an employer who runs transportation business with two full-time workers under the trade name “D” in Busan Metropolitan Government C.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and 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, from July 28, 2015 to September 5, 2016, was employed as an employee E who retired from office as an employee, and without an agreement between the parties on the extension of the due date of payment between the parties, paid KRW 3,610,194 in total within 14 days from the date of his/her retirement, such as wages of KRW 466,660, retirement allowances of KRW 3,143,534 on September 2016.

2. An employer who has not given a contract for work shall, when concluding a contract for work, provide the worker with a written statement regarding wages, working hours, holidays, annual paid leaves, place of employment, work to be employed, etc.

Nevertheless, on July 28, 2015, the Defendant did not specify in writing the matters concerning wages, working hours, holidays, annual paid leaves, the place of employment, and the duties to be performed at the place of employment when concluding a labor contract with a worker E on July 28, 2015.

"2017 High 2336"

3. The unpaid Defendant is an employer who runs transportation business using two full-time workers under the trade name of “G” from Busan Dong-gu, Busan.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and 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 is above from August 14, 2014 to March 5, 2016.

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