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(영문) 서울중앙지방법원 2014.11.28 2014고정2527

근로기준법위반등

Text

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

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

Reasons

Punishment of the crime

The defendant is the representative director of Jongno-gu Seoul Metropolitan Government Co., Ltd. D with the five floors of Jongno-gu Seoul Metropolitan Government, who is engaged in advertising agency business using nine full-time workers.

1. An employer shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days from the date of retirement unless there exists an agreement on extension of the due date between the parties concerned;

Nevertheless, the Defendant did not pay 783,050 won in total, including KRW 466,076,00,000,000,000 from the date of each retirement within 14 days from the date of each retirement, as stated in the separate crime list, as well as KRW 466,076, such as annual monthly allowances of E, which had been worked from December 5, 201 to August 21, 201 at the above workplace.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant dismissed E working in the foregoing workplace from December 5, 201 to August 21, 2013, and did not pay KRW 1,860,287 equivalent to the ordinary wages for 30 days without giving 30 days prior notice, and did not immediately pay KRW 3,658,852, which is the date of dismissal, as shown in the attached crime list. < Amended by Presidential Decree No. 24270, Aug. 21, 2013>

3. An employer shall, if a worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the Defendant did not pay KRW 2,811,379, and KRW 5,535,574, respectively, within 14 days from the date of each retirement, which is the date of the occurrence of the cause for payment, without any agreement on the extension of the due date between the parties, as stated in the attached list of crimes, as well as KRW 2,81,379, which was worked in the above workplace from December 5, 201 to August 21, 2013.

Summary of Evidence

1. The defendant;