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(영문) 서울남부지방법원 2020.01.15 2019고단4392
근로기준법위반등
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 of Guro-gu Seoul Metropolitan Government, Guro-gu and E, who is a user of software development and supply business with three regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all 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 is working in the workplace from November 1, 2015 to October 16, 2018.

Unless there is an agreement between the parties on the extension of the due date of payment between the parties, the amount of 15,634,470 won, total of the wages and retirement allowances set forth in the annexed list No. 1 of the retired F, shall not be paid within 14 days from

The defendant is the representative of the Guro-gu Seoul Metropolitan Government Dispute Resolution Co and D, who operates software development and supply business with three regular workers.

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

Nevertheless, the Defendant, while working in the foregoing workplace from April 21, 2013 to November 14, 2017, did not pay KRW 14,970,495 of G retirement pay of retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

"2019 Highest 4392"

1. Defendant's legal statement;

1. Statement of special judicial police officer assigned to the defendant or F, by the special judicial police officer;

1. Each petition of the F;

1. A certificate of delayed payment of wages, a copy of the wage ledger, and a certificate of deposit transactions;

1. "Investigation Report (Report on Revision to Written Opinion of the Korea Labor Office's Transfer), 2019 order6377";

1. Defendant's legal statement;

1. Statement of special judicial police officer assigned to the defendant or G, by the special judicial police officer;

1. A report on delayed payment of wages;

1. Application of the laws and subordinate statutes of the average wage and retirement allowance calculation statement.

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