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(영문) 수원지방법원 안양지원 2017.11.24 2017고단2
근로기준법위반등
Text

Defendant shall be punished by a fine of four 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 E Co., Ltd. in Ansan-gu and 2126, who employs 7 full-time workers and operates a business support service business.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 12,050,000 won (2,410,000 won per month) in total from September 1, 2012 to June 30, 2016 of F, who retired from office from office from February 2016 to June 30, 2016, without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, as well as that four employees retired from office, worked as described in the list of crimes.

(b) An employer shall pay wages at least once a month on a fixed date;

Nevertheless, the Defendant did not pay the wages of KRW 2,663,920 of G working from March 8, 2016 at the place of business of the said stock company E, and the wages of KRW 2,663,920 of G working from March 8, 2016 at around July 10, 2016.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is a party to F’s retirement pay of KRW 9,135,661, who retired from the workplace of the said corporation E, from September 1, 2012 to June 30, 2016.

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