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(영문) 서울중앙지방법원 2013.12.13 2013고정4382

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of the company C, located in Gangnam-gu Seoul Metropolitan Government 9 floors, who runs real estate development and condominium business by making use of 14 regular workers.

1. Where an employee dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant, when working in the said workplace from April 2, 2010 to September 30, 2012, did not pay 6,742,968 won in total, including 2,94,00 won in the annual leave allowance of employees D and 2,945,040 won, within 14 days from the date of retirement without agreement on extension between the parties concerned.

2. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred. However, the Defendant did not pay the total amount of KRW 17,083,266 of the three employees, including KRW 7,450,305 of the retirement allowance D of the said employee who retired while working in the said workplace, within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

3. When an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and when he/she did not give a notice of dismissal at least 30 days, he/she shall pay the worker D, etc. for at least 30 days. However, the Defendant dismissed 3 workers D, etc. who retired while working in the above workplace on September 30, 2012, and the Defendant did not pay 9,673,920 won in total, including 2,971,380 won, on the date of dismissal, as stated in the details of the money and valuables in arrears in the separate sheet.

Summary of Evidence

1. Defendant's legal statement;

1. The preparation of each special judicial police officer's statement of E, F, D, andG (excluding part which is not trustable in some respect of the amount) shall apply to the statute.