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(영문) 서울중앙지방법원 2017.07.11 2017고정850

근로기준법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of the Seoul Seocho-gu Seoul Metropolitan Government Co., Ltd. in the fourth floor of the building, who has run the leading development business by using ten full-time workers.

1. 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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

On November 7, 2016, the Defendant agreed to extend the date to be paid by December 15, 2016 for workers D, E, and portion of wages in November 2016, which were retired from office until November 7, 2016.

Nevertheless, the Defendant did not pay the total amount of KRW 8,481,189 to three retired workers, including KRW 1,670,000, which was paid in February 2016 by employees F, who retired from the said workplace from office, from January 1, 2015 to March 31, 2016, as shown in the list of crimes in the attached Table, within 14 days from the date of each retirement and until December 15, 2016, respectively.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 2,063,428 of the F retirement allowance of retired workers from the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as from January 1, 2015 to March 31, 2016.

3. When an employer intends to dismiss a worker (including dismissal due to managerial reasons), he/she shall give a prior notice at least 30 days prior to the dismissal, and where he/she has not given such prior notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days

Nevertheless, Defendant D had been working in the above workplace from September 26, 2016 to November 7, 2016, and workers E working in the workplace from October 1, 2016 to November 7, 2016 respectively, and did not pre-announce 30 days prior to the 30-day advance notice.