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(영문) 대구지방법원 서부지원 2020.02.13 2019고정291
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is an operator of the Daegu-gu building B and the second-class credit management company, who employs 100 full-time workers and operates human resources supply business.

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

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

From December 1, 2009 to July 31, 2018, the Defendant did not pay the total amount of KRW 1,091,150 on June 6, 2018, to six workers who were employed in the said workplace within 14 days from the date of retirement without agreement on the extension of the payment due date, and did not pay the total amount of wages to the six workers who were employed in the said workplace within 14 days from the date of retirement without agreement on the extension of the payment due date between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

From December 1, 2009 to July 31, 2018, the Defendant did not pay 5,152,580 won of D retirement pay to employees employed in the pertinent workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline, as described in the list of crimes in the attached Table, and did not pay 3,292,460 won in total to six employees retired from the said workplace within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police investigator of E;

1. A complaint;

1. Money and other valuables in arrears for each worker;

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