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(영문) 수원지방법원 2017.06.07 2016고단8199
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant of "2016 Highest 8199" is the representative of J. I.J. located in Masung City.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

From April 19, 2012 to February 23, 2016, the Defendant did not pay KRW 1,486,345 to K working for the said company within 14 days from the date of retirement without agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Defendant did not pay KRW 3,391,976 as retirement allowance to K as described in paragraph (1) above within 14 days from the date of retirement without agreement between the parties.

The defendant of "2016 Highest 1974" is a full-time worker who is a representative of the JJ in Masung City I and is engaged in the manufacturing industry.

1. An employer shall, if a worker dies or retires, pay all money or valuables, such as wages, 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 KRW 3,383,870 (see attached Table 2) in total from September 12, 2014 to January 4, 2016 of L having worked in the said workplace from September 2015 to January 2016 at the same workplace within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment deadline.

2. An employer shall, if a worker dies or retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Provided, That if there are special circumstances, the agreement between the parties shall be reached.

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