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(영문) 수원지방법원 2019.02.14 2018고정1269
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a user who runs a mobile phone retail business using eight full-time workers as the representative director of the Gangnam-gu Seoul Metropolitan Government Co., Ltd. and D.

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

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

Nevertheless, the Defendant did not pay the total amount of wages of 1,580,135 won in December 2016, which was paid from January 4, 2016 to August 27, 2017, the wage of 1,580,135 won in January 2017, the wage of 1,580,135 won in February 2017, the wage of 2,000,000,000 won in April 2, 2017, the wage of 2,80,000,000 won in May 4, 2017, the wage of 3,00,000,000 won in June 6, 2017, the wage of 3,000,000,000 won in July 3, 200, 2000, 3,0000,000 wage of 1,536,197

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 of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 4,840,381 of G retirement pay as above within 14 days from the date of retirement without agreement between the parties on the extension of payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. A G true statement;

1. -a certified copy of the corporate register, business registration certificate, details of payment unpaid, - A statement of calculation of retirement allowances;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same) on criminal facts; Article 44 subparag. 1 and Article 44 of the Guarantee of Workers' Retirement Benefits Act.

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