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(영문) 수원지방법원 안산지원 2017.07.04 2017고정3
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant, who violated the Guarantee of Retirement Benefits for Workers, is the representative of E Co., Ltd., Ltd., Ltd., which is located in D at the time of interest, engaging in the wholesale and retail business using ten full-time workers;

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay 19,940,075 won, including F's retirement pay 7,997,908 won, retired from the said workplace from March 2, 2010 to December 31, 2015, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline, as shown in the separate crime list.

2. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay him/her wages, compensations, or 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.

Nevertheless, the Defendant did not pay KRW 5,132,120 in total amount of money and valuables of two workers within 14 days from the date of retirement without agreement on the extension of payment deadline, as stated in the attached criminal facts, such as F’s annual allowances of March 2, 2015 and KRW 229,320, which had worked from March 2, 2010 to December 31, 2015 at the same place of business.

3. An employer who violates the minimum wage law shall pay workers a wage above the minimum wage determined by the minimum wage law;

Nevertheless, from March 2, 2010 to December 31, 2015, the Defendant paid wages below the minimum wage rate to two workers, as indicated in the attached criminal facts list, such as paying a worker F who worked in the workplace from around March 2, 2010 to December 31, 2015 below the minimum wage rate of KRW 5,580,00, which is the minimum wage rate of KRW 5,580.

b)a summary of the evidence;

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