logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.15 2017고정652
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of the LAB in Gwangju Northern-gu, and the representative director of the LAB-gu in Gwangju Northern-gu, who is a user who runs the clothing manufacturing business using 9 or 11 full-time workers.

(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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of wages of KRW 2,03,983, including the wages of KRW 1,60,000 in July 1, 2015, the wages of KRW 186,985 in September, 186, the wages of KRW 186,985 in October, and the wages of KRW 60,013 in November, 2015, from June 1, 2015 to May 31, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant did not pay two retirement allowances of F, including 1,738,49 won, 1,738,491 won, 2,872,859 won from April 8, 2013 to May 30, 2015, and two retirement allowances of F, including 1,236,250 won from June 1, 2015 to May 31, 2016, and 5,847,600 won from the date of retirement without an agreement between the parties to the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement made to the defendant in the police interrogation protocol;

1. Application of the Acts and subordinate statutes of G and F

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (the fact that wages are not paid) and the Guarantee of Retirement Benefits for respective workers.

arrow