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(영문) 춘천지방법원 강릉지원 2018.10.19 2018고정82
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Gangnam-si C, etc., who is engaged in beauty and beauty business with ten full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, during the period from August 26, 201 to September 24, 2016, the Defendant did not pay KRW 924,005 of the retired workers D on September 2016, without an agreement between the parties on the extension of the payment deadline, within 14 days from the date of retirement, 14 days from the date of retirement, as follows: (a) two wages of the total sum of KRW 1,163,929, as shown in the list of crimes (1) as described in paragraph (1) below, without any agreement between the parties on the extension of the payment date.

Criminal sight table (1) 1D 1D 26 August 26, 2011 to September 24, 2016, KRW 2 E 2- August 23, 2012 to December 239, 2016 to December 11, 2016, KRW 163,929.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not pay KRW 8,955,014 of D retirement pay within 14 days from the date of the retirement without an agreement on the extension of the payment deadline between the parties, and did not pay KRW 20,299,250 for the total sum of two retirement allowances as shown in the following crime list (2) within 14 days from the date of the retirement without an agreement between the parties on the extension of the payment deadline.

(2) On August 201, 201, a retirement allowance not paid during the period of service on a net basis.

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