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(영문) 춘천지방법원 원주지원 2019.09.24 2018고정295
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The defendant is the head of the FF association located in Gangwon-gun E, and is an employer who conducts financial business, etc. by employing 92 full-time workers.

1. When a worker dies or retires, an employer who violates the Labor Standards Act due to the violation of money or valuables liquidation shall pay the worker 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.

Nevertheless, the defendant works as an employee at the above workplace from August 17, 2009 to July 11, 2018.

The retired worker G did not pay KRW 676,160,00 from the date of retirement within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. Wages in violation of the Labor Standards Act due to payment of wages shall be paid in full directly to workers in currency;

Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.

Nevertheless, the Defendant did not pay seven workers, including KRW 160,67,52,567, on the date of payment, the sum of KRW 1,067,239, and KRW 8,262,567, as indicated in the attached Table of Crimes, seven workers indicated in the attached Table of Crimes, including KRW 160,67,67, and KRW 169,040,000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial testimony of the witness H and I;

1. Part of the police statement to J;

1. Data on allowances for unused annual use, 2015;

1. Details and amount of annual unuseds relating to the payment of annual allowances;

1. Submission of materials necessary to investigate collective agreements and petitions;

1. - The date of entry and retirement of each petitioner, and details of the benefits paid shall apply to the Acts and subordinate statutes.

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