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(영문) 수원지방법원 2015.09.10 2015고정1535
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 representative director of JJ, Co., Ltd., which is located in I due to eternity, who ordinarily employs 20 full-time workers and operates the manufacturing business.

1. When a worker retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

However, in special circumstances, the date may be extended by mutual agreement between us.

Nevertheless, the Defendant is working from August 1, 2012 to October 31, 2014 at the above workplace.

As well as wages 2,916,667 won on October 2014, 201, K retired 14,55,00 won for the total of six retired workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, as shown in the attached list of crimes Nos. 3, 4, 5, 6, 7, and 8.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from August 1, 2012 to October 31, 2014 at the above workplace.

The retired K's retirement pay of 6,425,700 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by a special judicial police officer L;

1. Written statements and daily statements of L References;

1. Written statements;

1. A written calculation of retirement allowances (K);

1. A copy of the superior prize ledger;

1. A detailed statement of overdue money and valuables;

1. Application of each relevant statute;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

1. Violation of the Labor Standards Act with respect to K of Articles 40 and 50 of the Commercial Concurrent Crimes Act.

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