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(영문) 수원지방법원 안산지원 2019.06.27 2019고단391
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs a construction business with 20 full-time workers under the trade name of "(D)D" in Ansan-si Member B.

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 1,217,460 paid monthly wages of KRW 1,218 and KRW 518,810 paid monthly wages of KRW 1736,270 from September 8, 2017 to April 15, 2018, and KRW 5,380,000 paid monthly wages of KRW 5,380,000, KRW 5,380,000 paid monthly wages of February 2018, KRW 5,380,000 paid monthly wages of KRW 5,380,000, KRW 380,000, KRW 5,380,000, KRW 5,380,000 paid monthly wages of March 3, 2018, KRW 5,000,000, KRW 38080, KRW 2018, KRW 3084,2018.

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 the cause for such payment occurred; and

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

Nevertheless, from June 3, 2016 to July 31, 2017, an employee F's retirement allowance of KRW 6,160,134 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, the first offender, and the reflective nature.

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