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(영문) 인천지방법원 2018.05.04 2018고정746
근로기준법위반
Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

[2017 High 746] The Defendant is an actual management owner of C in Kimpo-si, Kimpo-si, who is operating a mother and child manufacturing business with five 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 28,660,00 won in total for three workers within 14 days from the date on which the cause for payment occurred without an agreement on the extension of payment deadline between the parties, as shown in the attached crime list, including D’s wage of KRW 1,540,00 in March 13, 2017 to September 18, 2017.

[2018 High 747] The defendant is an actual management owner of E in Kimpo-si B, who is a full-time worker of eight 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 employed in the said workplace from January 13, 2017 to April 21, 2017, and did not pay two retired workers including the total of KRW 1,200,000 in March 2017, and the total of KRW 2,040,00 in April wage of KRW 840,00 in April wage, and the total of KRW 2,040,00 in April wage from December 28, 2016 to April 30, 2017 and retired from the said workplace, including KRW 1,20,000 in March 28, 2017, and the total of KRW 1,20,00 in April wage of KRW 1,20,00 in April wage of KRW 2,40,00 in April wage of KRW 1,400 in total and KRW 4,40,000 within 14 days from the date on which the cause for payment occurred between the parties without agreement.

Summary of Evidence

1. Statement by the defendant in court;

1. D, H, and I

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