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(영문) 서울서부지방법원 2020.01.22 2019고단3134
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a manager of C in Seodaemun-gu Seoul Metropolitan Government who operates other service business (parking lot management business) by using one regular worker.

1. 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 fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from October 31, 2016 to July 31, 2018 at the above workplace and had retired from the said workplace, and had not paid KRW 4,07,226 of the D's wages in January 2018, 215,318, the monthly wage of February 218, and KRW 215,318, the monthly wage of March of the same year, KRW 215,318, the monthly wage of April of the same year, KRW 215,318, the wage of May of the same year, KRW 215,318, the wage of June 215,318, and KRW 2,715,318, the wage of July of the same year, and KRW 4,07,226 of the same year within 14 days from the date of the occurrence of the cause for payment without an agreement between the parties on the extension of the payment date.

2. 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 any cause for such payment occurred; and

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

Nevertheless, the Defendant is working from October 31, 2016 to July 31, 2018 at the above workplace.

4,281,566 of retirement allowances of retired D was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

3. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage to pay wages exceeding the minimum wage amount, and the minimum wage amount is KRW 7,530 per annum from January 1, 2018 to December 31, 2018.

Nevertheless, the defendant has worked from October 31, 2016 to July 31, 2018 and retired from the above workplace D.

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