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(영문) 서울서부지방법원 2019.10.01 2019고정528

근로기준법위반등

Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of Mapo-gu Seoul Metropolitan Government C Cooperatives, who employs 135 full-time workers and operates taxi transportation business.

1. An employer who has not paid wages or annual allowances shall, when the employee dies or retires, pay the wages, compensations, and all other money and 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, the defendant is working from July 1, 2015 to September 30, 2018 at the above workplace.

D's 2.6 million won of wages in September 2018 and 5.60,960 won of unused annual allowance in 2018 were not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

2. Where a worker dies or retires, the employer who is not paid a retirement allowance shall pay the wages, compensations, and 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, the defendant is working from July 1, 2015 to September 30, 2018 at the above workplace.

The retirement allowance of 8,809,170 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

3. An employer who has not received an advance notice of dismissal shall, when he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and shall pay the ordinary wages for not less than 30 days if he/she fails to do so 30 days.

Nevertheless, on September 30, 2018, the Defendant dismissed D's work at the same workplace from July 1, 2015 to September 30, 2018 without a prior notice of dismissal, and did not pay KRW 2.6 million equivalent to the amount of ordinary wages for 30 days as a prior notice of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity and statements of D. D.