beta
(영문) 광주지방법원 2016.11.23 2016고정1639

근로기준법위반등

Text

The sentence against the accused shall be set forth as a fine of four million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The defendant is an employer who operates Internet shopping mall using four workers as the representative director of corporation C in the Southern-gu B and the second floor of Gwangju.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, the Defendant, at the office on May 26, 2016, was to be arranged to D working in the above workplace on the grounds of the discontinuance of the business, on the ground of the closure of the company, and was dismissed immediately without making a prior notice of 30 days prior to the dismissal, and immediately, did not pay 1.7 million won of the pre-announcement allowance equivalent to the ordinary wages for 30 days to four workers working in the above workplace without making a prior notice of 30 days prior to the date of dismissal, as indicated in the following list of crimes (1), and did not immediately pay 6 million won of the total pre-announcement allowance equivalent to the ordinary wages for 30 days on the date of dismissal.

The period of performing duties in the name of the list of crimes (1) is 1D Webdiers whose work period is 1.7 million won from December 15, 2014 to May 25, 2016, 2016, KRW 2 E Webdiers, KRW 3,500,000 from April 1, 2015 to May 25, 2016, KRW 300,000,000 from November 1, 2015 to May 15, 2016, KRW 4 G veterinarys KRW 4,000,000 from April 1, 2015 to May 25, 2016 to May 25, 2016.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, except in case where the date is extended by an agreement between the parties concerned due to special circumstances;

Nevertheless, the Defendant works in the above workplace.

A party with respect to the date of the extension of the payment of wages of KRW 1,380,968 for retired D without an agreement between the parties concerned as to the extension of the payment date, the total amount of wages of KRW 9,138,711 for four workers, as described in the list of crimes (2) below, shall be paid within 14 days from the date of retirement.