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(영문) 울산지방법원 2018.09.18 2018고정144
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who is a person in charge of business management who operates a project for selling meat by using eight full-time workers in the trade name of the Fund in Ulsan-gu, Ulsan-gu. B.

When a worker retires, an employer shall pay the wages, retirement allowances, compensation, and all money and other valuables within fourteen days after the cause for such payment occurs.

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

Nevertheless, the Defendant did not pay KRW 9,469,892, the difference of D retirement pay from October 3, 2013 to November 27, 2016 at the same place of business, and KRW 13,963,797, the sum of wages of KRW 210,000,000,000,000,000,000,000,000 from July 21, 2017 to July 15, 2017, who worked for sales workers from Ulsan-gu, Ulsan-gu, a working site at the same place of business, from Jun. 21, 2016 to Jun. 21, 2016 to July 15, 2017 without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of D and G;

1. Where an employer refuses to pay a retirement allowance to a retired employee on the ground of an agreement that he/she would provide that he/she shall pay a retirement allowance to the retired employee on the basis of a monthly wage or daily wage, a written settlement of the average wage and retirement allowance, a labor contract, a lump-sum inquiry into the results of transfer, demand/scept-type inquiry, transfer certificate, and a source collection receipt of the retirement income [in cases where the employer refuses to pay a retirement allowance to the retired employee on the ground that he/she has no legal effect, it shall not be deemed that there is a reasonable ground for contesting the existence of the obligation to pay the retirement allowance, and it shall not be deemed that the employer has no intention on the violation of the obligation to pay the retirement allowance by the due date under Articles 112 and 36 of the Labor Standards Act (Supreme Court Decision 2007Do4171 Decided August 23, 207). Therefore, the Defendant shall include the retirement allowance in D to pay the monthly wage.

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