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(영문) 인천지방법원 2019.10.30 2018고단6948
근로자퇴직급여보장법위반등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of L, a corporation in Nam-gu Incheon Metropolitan City, who runs a manufacturing business using 30 full-time workers.

"2018 Highest 6948"

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 34,00,268 won, including 2,467,580 won in February 2018 of M who worked from September 20, 2016 to April 30, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as stated in attached Table 2 to 5, as well as 34,000,268 won in total.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay 16,050,540 won, including 4,336,020 won of M's retirement pay, which worked from September 20, 2016 to April 30, 2018, in total, 16,050,540 won of 3 employees, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

"2018 Highest 779"

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer 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 at the above workplace from September 30, 2016 to January 9, 2018.

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