근로기준법위반
A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
Defendant
A is a C representative in the Gyeong-dong-dong-dong-si B, who is a full-time worker of three to four. A is an employer who operates a private teaching institute business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, from February 11, 2019 to July 5, 2019, an employee D’s temporary holiday allowances of March 2019 to April 8, 2019, KRW 88,482, and KRW 88,482,00 in weekly holiday allowances of May 2019 to June 8, 2019, and KRW 353,928 in total wages of KRW 88,482 in June 2019 and KRW 353,928 in total wages of KRW 38,482 in June 2019, and from June 5, 2019 to August 8, 2019 to pay KRW 129,032 in total wages of KRW 482,960 in each month from the date of retirement without agreement between the parties concerned.
(b) When an employer intends to dismiss a worker, he shall give the worker an advance notice thirty days at least, and if the employer does not give such advance notice thirty days, he shall pay the ordinary wages for thirty days or more;
Nevertheless, the Defendant was dismissed on July 3, 2019 for employees D, who were employed on February 11, 2019 and work as a general secretary at the above workplace without a prior notice of dismissal, and paid KRW 1,252,500 corresponding to the ordinary wage for 30 days as an advance notice of dismissal as an advance notice of dismissal on July 3, 2019 to those who were employed on February 11, 2019.
Summary of Evidence
1. Part of the defendant's legal statement D and written statement by the police for E;
1. The defendant asserts that there is no obligation to pay an advance notice of dismissal pursuant to Article 26 of the Labor Standards Act, since the reason for dismissal of D is due to criminal acts such as occupational embezzlement of D.
The Labor Standards Act is a case where the worker intentionally interferes with the business or causes property damage.