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(영문) 수원지방법원 2016.10.27 2016고정259
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Workers I and J (2016 high-level 967) Defendant is the actual representative of L Construction Company in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the actual representative of the company. A.

When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables 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 special circumstances.

Nevertheless, the defendant is working in the North Gyeong-gun M at the construction site of the above workplace.

A retired employee I’s 3,414,100 won in August 2015, and the employee J’s 2,769,250 won in arrears, as indicated in the attached Table, did not pay 6,183,350 won in total for two workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) 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; and

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

Nevertheless, the defendant is working at the above M construction site of the above business establishment.

The retired employee did not pay KRW 2,942,670 of retirement allowance per employee within 14 days from the date of his/her retirement without any agreement between the parties on extension of the due date, as shown in the attached Form, including the retirement allowance of 2,942,670 won.

2. Workers N [2016 Height1262] The Defendant is an actual representative of L Construction Corporation located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and an employer who actually runs a construction business.

The Defendant did not agree on the extension of the payment date between the parties concerned as to the total amount of KRW 3,062,104,00,00,000, which is the amount of wages of August 1, 2015, and the amount of wages of KRW 462,104,00,000,000, working from June 1, 2015 to September 30, 2015.

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