근로기준법위반
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The defendant is a person in charge of the operation of a manufacturing business with five full-time workers as a person in charge of the operation of a manufacturing business as a person in charge of the head office of Busan Gun B.
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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 162,276 of the wage balance of the retired worker D on April 4, 2017 to April 26, 2017, without agreement between the parties to the extension of the payment deadline, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment.
2. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and if he/she fails to do so thirty days prior to the dismissal, he/she shall pay not less than thirty days ordinary wages;
Nevertheless, the Defendant dismissed the worker D, as described in Paragraph 1 at the above workplace, as of April 26, 2017, 30 days before the dismissal, and did not pay KRW 2,312,040,040 of the ordinary wage as of April 26, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. As to the grounds for the accusation, petition, labor contract, the number of working days in April, 2017, copies of wage passbook, cell phone text, output of cell phone text, mailbook, commuting card, part of the deposit passbook (1,754,390) on June 20, 2017, confirmation of facts such as telephone, and telephone, and the defendant and his defense counsel asserted that the defendant did not have the obligation to pay the advance payment to the damaged employee, only the provision on dismissal and termination of the labor contract under the labor contract shall be applied to the Labor Standards Act.