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(영문) 전주지방법원 군산지원 2019.11.29 2019고단987
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant of the "2019 Highest 987" is a full-time worker who is a representative of D in the following City C and runs a service business (comprehensive repair of motor vehicles) by using 11 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act 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 worked in the said workplace from March 2, 2012 to May 20, 2019 and did not pay KRW 1,256,130 of his retired workers E in February 2019 within 14 days from the date of his retirement, and did not pay KRW 27,729,740 in total of two retired workers within 14 days from the date of his/her retirement, as stated in the attached Table No. 1, 2019, as stated in the “crime List” No. 1, 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any 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, from March 2, 2012 to May 20, 2019, worked in the said workplace and did not pay KRW 15,927,110 of retirement allowances E of retired workers at the said workplace within 14 days from the date of retirement, and did not pay the total amount of KRW 30,173,833 of retirement allowances of two retired workers within 14 days from the date of the occurrence of the relevant cause for payment, as described in the attached Table Nos. 1 and 2.

The defendant of the "2019 Highest 1360" is to employ nine full-time workers as representatives of D in the following City C.

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