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(영문) 인천지방법원 2019.07.05 2018고정2067

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is the representative of the building building in the Nam-gu Incheon Metropolitan City and D Co., Ltd. in the second floor, who runs a construction business using six regular workers.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, an employer unpaid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, on February 7, 2016 through February 12, 2018, the public prosecutor of the Labor E, who worked in the above workplace, filed an application for the revision of the indictment to change the amount of unpaid wages as stated in the facts charged to KRW 540,200, based on the amount of income tax and resident tax, health and long-term care insurance premiums paid additionally by the defendant, the income tax and resident tax to be paid by the defendant, the amount of income tax and long-term care insurance premiums paid additionally, the amount of health and long-term care insurance premiums paid by the defendant, and the amount of health and long-term care premiums paid by the defendant in February 2018, which were approved by the court. Accordingly, the facts charged were revised.

not pay each such payment within 14 days from the date of retirement without agreement between the parties to the agreement on the extension of the due date.

(b) If an employer who has not received advance notice of dismissal intends to dismiss a worker, he shall give the advance notice at least 30 days prior to dismissal, and if he did not give the advance notice at least 30 days, he shall pay the ordinary wages for not less than 30 days

Nevertheless, on February 12, 2018, the Defendant dismissed the above E without prior notice, and did not pay 4,600,000 won of ordinary wages (monthly wages) for 30 days on the date of dismissal.

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 the cause for such payment occurred; and