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(영문) 대전지방법원 2019.02.26 2018고정928

근로기준법위반

Text

Defendants shall be punished by a fine of 1.5 million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is an E head of the building E in the Daejeon Peong-gu Daejeon, and Defendant B is a representative of the above F, and is an employer who runs online service business by using one full-time worker.

When a worker in arrears of wages dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

However, in special circumstances, the payment date may be extended upon agreement between the parties.

The Defendants conspired to work from December 4, 2017 to May 8, 2018 in the said workplace and did not pay the wages of KRW 1,480,645 in March 2018, and the wages of KRW 2,700,000 in April 2018, and the wages of KRW 696,774 in May 2018 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) When an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall pay 30 days or more ordinary wages.

In collusion with the above workers G on May 8, 2018, the Defendants failed to immediately pay KRW 3,100,478 equivalent to the amount of ordinary wages for 30 days as an advance notice of dismissal, while immediately dismissing the above workers G without any prior notice of dismissal, while promptly dismissing them as follows.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the G’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, Article 30 of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

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

1. The Criminal Act for the detention of a workhouse;