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(영문) 의정부지방법원 고양지원 2014.02.20 2013고정1883

근로기준법위반등

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd. in Pakistan and is the employer who runs the construction business of Changho Corporation with six full-time workers.

1. The Defendant did not pay KRW 2,271,831 of the E, working from June 26, 2010 to June 30, 2012 at the above workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so prior to thirty days, he/she shall pay not less than thirty days ordinary wages;

Nevertheless, while dismissing the above E without prior notice, the Defendant did not immediately pay KRW 2,538,461 corresponding to the amount of ordinary wages for 30 days with the advance notice of dismissal as the dismissal allowance.

3. The Defendant did not pay the said E retirement pay of KRW 5,062,40 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Articles 109(1), 36, 110(1), and 26 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1, and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;