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(영문) 대전지방법원 천안지원 2017.08.31 2017고정355
근로기준법위반
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the business owner who actually operates the D Co., Ltd. in the Northern-gu Seoul Metropolitan City C 301, and is the user who ordinarily employs 10 workers and operates the manufacturing business of industrial equipment.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

The Defendant, from January 11, 2015 to February 17, 2015, worked for D Co., Ltd., the Defendant, “2017 High 355,” did not pay the total of KRW 18,010,000 for seven retired workers, including KRW 2,870,00 on January 1, 2015, as well as KRW 18,000 on January 1, 2015, as set forth in attached Table 1, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

“2017 High 357” Defendant did not pay 34,268,620 won, including 2,720,000 won on November 27, 2014, to 34,268,620 won, in total, of 8 retired workers, as shown in attached Table 2, as in the calendar of crimes, to 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

The Defendant of “2017 High 359” was working for D Co., Ltd. from November 10, 2014 to December 30, 2014, and paid 29,137,500 won, including 1,412,50 won on November 1, 2014 by retired workers G, as in the calendar table 3, did not agree on the extension of the payment period between the parties, and did not pay 29,137,50 won on the total of 12 wages of retired workers within 14 days from the date of their retirement.

Summary of Evidence

1. The defendant's legal statement (the third public trial date) 2017 High Court Order 355;

1. Each petition and written statement (E, H, I, J, K, L, and M);

1. A written statement (N);

1. "2017 high-level 357" on a screen of inquiry into employment insurance;

1. Each petition or statement and telephone statement (O, P, Q, R, S, F, T, and U) 1.

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