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(영문) 제주지방법원 2018.07.03 2017고단3442
근로기준법위반등
Text

As to the crime No. 1 of the judgment of the defendant, a fine of 2 million won shall be imposed on the crime No. 2 of the judgment of the defendant.

Reasons

Punishment of the crime

The defendant, as the representative of C Co., Ltd. in Seocho-si, is an employer who runs a maritime leisure business using 12 full-time workers.

1. On June 30, 2017, the Defendant was sentenced to imprisonment for six months with labor for a crime of violating road traffic laws (unlicensed driving) at Jeju District Court on June 30, 2017, and the said judgment became final and conclusive on July 8, 2017.

[Criminal facts]

(a) 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;

Nevertheless, the Defendant was employed by the Defendant from December 15, 2015 to February 29, 2016 at the above workplace and was employed by the Defendant, and the retired employee D’s wages of KRW 1,00,000 for January 2016, and did not pay KRW 32,826,000 for total six retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause of payment between the parties, without any agreement on the extension of the date of payment between the parties, as stated in the attached crime list.

(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant employed and worked for the Defendant from May 1, 2015 to June 30, 2016 at the above workplace, and did not pay KRW 3,500,000 of retirement allowances of retired workers E within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without the agreement on the extension of the payment period between the parties.

2. Where an employee dies or retires, the relevant employer of the 2018 Highest 1221 shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from March 23, 2017 to October 24 of the same year at the above workplace, and the sum of F’s wages of 1,240,000 and overtime work allowances of 2,000.

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