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(영문) 의정부지방법원 고양지원 2020.04.24 2019고단3738 (2)
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Basic Facts] The defendant is an employer who operates D Co., Ltd., Ltd., which is a Goyang-si building B and food manufacturing company in heading C in Goyang-si.

[2019 Highest 3738]

1. E-related crimes;

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant written indictment around September 1, 2017 is written as of September 1, 2018, but since the clerical error in the “2017 September 1, 2017,” the Defendant corrected and recorded (in investigation records 7,9 pages) from February 2019 to June 20, 2019, G’s total amount of wages, etc. from February 2019 to June 20, 2019, including KRW 8,310,530, including two workers’ total wages, etc., as shown in attached Table 1, and did not pay KRW 9,135,530 within 14 days from the date of retirement without an agreement on extension of payment deadline. However, if a worker retires from the Act on Guarantee of Workers’ Retirement Benefits, the Defendant shall pay retirement allowances within 14 days from the date on which the cause for payment occurred, despite the fact that the Defendant was written as of September 18, 2017.”

(Investigation Records 7, 9 pages) through June 20, 2019, G retirement allowance of 3,004,325 won working in Yongsan-gu Seoul Metropolitan Government F was not paid within 14 days from the date of retirement without an agreement on extension of the due date.

2. Crimes related to the headquarters of D;

(a) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant’s wages from March 7, 2016 to August 22, 2019, including the sum of H’s wages from March 2019 to June 2019, as well as KRW 6,985,495.

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