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(영문) 수원지방법원 성남지원 2018.09.21 2017고정1654

근로기준법위반

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

1. An employer shall, if a worker retires, pay the wages, compensations, and any other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, as an employer who is the actual representative of the LAD in the Gyeonggi-si, did not pay KRW 249,90,90 in total of the E’s wages in the said workplace from January 9, 2017 to April 17, 2017, and KRW 14,350 in total of the F’s wages in the same period, and KRW 16,666 in total of G’s wages in the same period from January 31, 2017 to April 17, 2017, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

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, on April 17, 2017, the Defendant did not pay KRW 2,500,000 for E’s pre-employment allowance, KRW 1,66,66 for G’s pre-employment allowance, KRW 2,00,00 for F’s pre-employment allowance, while dismissing E, F, and G at the workplace described in paragraph 1 of the same Article.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and G;

1. The legal statement of the witness H in part;

1. On April 17, 2017, recording of the contents of conversation with H Standing, and labor contract (based on each of the above evidence, it is recognized that the Defendant notified the dismissal of E and G through H, I, etc.

The defendant and defense counsel's assertion is not accepted.

Application of Statutes

1. Relevant legal provisions of facts constituting an offense, Articles 109(1), 36 of the Act on the Standards for Optionald Labor, subparagraphs 1, 26 of Article 110 of the Labor Standards Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.