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(영문) 광주지방법원 2014.07.17 2014고정229
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Seo-gu Seoul building 2nd floor(ju)D, who is an employer engaged in communications sales by employing 35 full-time workers.

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;

Nevertheless, the Defendant is working in the same workplace from December 30, 2010 to December 26, 2012.

The wages and annual leave allowances of retired workers E were not paid KRW 2,19,520 within 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties concerned, and the total of KRW 27,078,938 of the wages, etc. of 22 workers as shown in the attached list of crimes, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement on extension of the due date for payment

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

Nevertheless, the Defendant is working in the same workplace from December 30, 2010 to December 26, 2012.

3,585,876 won of retirement allowance E of retired workers was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date for payment between the parties concerned, and the total amount of 35,786,702 won of retirement allowance of 12 workers was not paid within 14 days from the date of the retirement without any agreement on the extension of the due date for payment between the parties concerned as shown in

Summary of Evidence

1. Legal statement of witness F;

1. The prosecutor's statement concerning the F;

1. Each police statement of E;

1. An original copy of a protocol of compromise, a copy of the petition case, or a certificate of closure;

1. A detailed statement of the amount of wages paid in delay, details of annual paid leave allowances not paid in advance, and calculation of retirement allowances;

1. Application of Acts and subordinate statutes of each written confirmation;

1. Wages as prescribed in Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts and the choice of punishment;

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