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(영문) 전주지방법원 군산지원 2014.11.19 2014고단527

근로기준법위반등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, wages for C, D, E, F, and G are paid.

Reasons

Punishment of the crime

The defendant is a person who employs ten full-time workers at L in Gunsan City and operates (oil)M.

1. An employer violating the Labor Standards Act shall, when he/she intends to dismiss a worker, give a prior notice at least 30 days prior to the dismissal, and when he/she fails to give a prior notice at least 30 days, he/she shall pay the ordinary wages for at least

Nevertheless, on April 30, 2014, the Defendant dismissed 30 days or more of ordinary wages (in advance notice of dismissal) while dismissing H from the above workplace without prior notice, and dismissed 6 workers without prior notice as stated in the details of the money and valuables in arrears in attached Form 1, and did not pay 8 million won or more of ordinary wages for at least 30 days.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within fourteen days from the date when the cause for such payment occurred;

Nevertheless, the defendant is working from June 11, 2012 to August 31, 2013 at the above workplace.

The retirement allowance of the retired worker was not paid KRW 1,437,380 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to the details of benefits, a retirement allowance payment statement and unpaid bonus statement;

1. Article 110 subparagraph 1 of the relevant Act and Articles 110 and 26 of the Labor Standards Act regarding criminal facts, the choice of punishment, and Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, 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. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence provides that the defendant is aware of and reflects the crime, and that the defendant has endeavored to liquidate wages in arrears, etc., and most workers are.