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(영문) 인천지방법원 2016.09.02 2016고정387
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is the representative of small enterprises in Dong-gu Incheon Metropolitan City D, who runs the manufacturing business of machinery and appliances using three full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and 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, at the above workplace, worked from April 1, 2006 to July 11, 2015, did not pay the total of KRW 8,083,230 (i.e., April 1, 2015, KRW 1,870,870,000 for April 1, 2015, May 1, 870,870,000 for June 1, 870,000 for June 1, 207, July 603, 230) within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment date.

(b) 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 the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant charged the Defendant with the amount calculated by deducting the amount of KRW 10 million paid to the victimized employee after 14 days from the date of his/her retirement from April 1, 2006 to July 11, 2015 (However, with respect to the retirement pay amount of KRW 8,870,000, out of the facts charged in the instant case, the amount of the retirement pay amount of KRW 8,870,000 from the date of his/her retirement from the date of his/her retirement from the date of his/her retirement from the date of his/her investigation during the instant investigation process, but the amount of the retirement pay calculated was reduced for the calculation of the existing retirement pay while changing the subsequent indictment. However, the amount of the retirement pay calculated was changed to the amount of KRW 10,000,000 paid to the victimized employee later.

B. The date of the occurrence of the cause of payment without agreement on the extension of the due date.

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