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(영문) 서울남부지방법원 2018.06.18 2017고단2892

근로기준법위반등

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant of "2017 Highest 2892" is the representative of K in Geumcheon-gu Seoul Metropolitan Government (ju) J 806, who is a full-time worker of 60.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

From April 4, 2016 to June 30, 2016, the Defendant did not pay KRW 3,375,000 to retired workers L, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

The defendant of the Geumcheon-gu Seoul Metropolitan Government 5175 is the representative of the K K (ju) of Geumcheon-gu, Geumcheon-gu, Seoul, who is a full-time worker of 54.

1. Where a worker dies or retires, the employer of the portion unpaid to wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

From December 1, 2015 to December 9, 2016, the Defendant did not pay 9,205,096 won in total for four workers, as well as 1,238,080 won in the wage of retired workers M, as set forth in [Attachment] Nos. 7 to 10 in the list of crimes, without any agreement between the parties on the extension of payment dates.

2. When an employer intends to dismiss a worker, he/she shall make a prior notice of dismissal at least 30 days, and when he/she has not made such prior notice of dismissal at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on November 2016, the Defendant notified a worker E through a director N of the said place of business on the ground that he did not give an advance notice of dismissal, and did not immediately pay KRW 3,333,33,33 equivalent to the ordinary wages for 30 days to be paid due to the Defendant’s failure to give an advance notice of dismissal at the said place of business.

Summary of Evidence

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