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(영문) 수원지방법원 평택지원 2019.09.26 2019고정72
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 of C Child Care Center located in Ansan-si B, who operates a child care center using eight full-time workers.

1. When a worker retires or dies, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within 14 days after the cause thereof occurred;

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

Nevertheless, the Defendant did not pay the total amount of KRW 5,56,087, including the wages of KRW 1,852,029 in May 1, 2018, and of KRW 1,852,029 in June 2018, and the wages of KRW 1,852,029 in July 1, 2018, and KRW 5,56,087 in the same place of business from March 1, 2017 to August 6, 2018, and worked as a childcare center teacher and did not pay KRW 1,899,122, June 1, 2018, KRW 89, KRW 29, KRW 229, KRW 1229, KRW 2029, KRW 1,852,029 in July 2018, and KRW 1,56,365,296,67, etc. of workers retired from office without agreement among the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance 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 extenuating circumstances.

Nevertheless, the Defendant served as a teacher of a child-care center from March 1, 2017 to August 6, 2018 and served as a teacher of a child-care center from March 1, 2017 to August 6, 2018 and served as a teacher of a child-care center from March 1, 2017 to August 6, 2018, and did not pay KRW 5,256,918, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. The defendant;

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