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(영문) 수원지방법원 2019.07.25 2019고정365
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. on the first floor and B in eternity, who runs a construction business with 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 7,482,190 in total to two workers, including wages of KRW 3,482,190, to D who worked in the said workplace from November 1, 2016 to April 27, 2018, as wages of KRW 4,00,000 on July 7, 2017, and from November 3, 2016 to May 31, 2018, as wages of KRW 3,482,190 on July 3, 2017.

(b) Where a worker retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement between the parties on extension of the due date.

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

Nevertheless, the Defendant did not pay the total amount of KRW 12,468,230 from the date of retirement to two employees, including retirement allowances of KRW 6,622,564, and retirement allowances of KRW 5,845,66, and KRW 12,468,230, within 14 days from the date of retirement to May 31, 2018, to D who worked in the said workplace from November 1, 2016 to April 27, 2018, without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Each written petition;

1.-Each retirement allowance calculation statement, - Application of the laws and regulations to each benefit payment statement;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) (amended by Act No. 15108, Nov. 28, 201); Act on January 15, 2019 of the former Labor Standards Act.

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