beta
(영문) 광주지방법원 해남지원 2015.12.03 2015고정73

근로기준법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The suspect is the representative director of Jindo-gun C Co., Ltd. located in Jindo-gun, who employs 30 full-time workers and operates plastic fishing gear manufacturing business.

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless there is an agreement to extend the payment date between the parties concerned.

Nevertheless, the Defendant did not pay KRW 1,925,920 of the annual paid leave allowance of D, which worked from April 2, 2012 to August 12, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When an employer intends to dismiss a worker, he/she shall give the worker a prior notice at least thirty days, and when he/she fails to give such prior notice 30 days, he/she shall pay not less than thirty days ordinary wages.

Nevertheless, the Defendant dismissed D who worked from April 2, 2012 to August 12, 2014 without notice of dismissal on August 12, 2014, and did not pay KRW 2,33,340 of the pre-announcement of dismissal allowances.

(c) An employer shall pay wages, compensations, and any other money or valuables within 14 days from the date of retirement unless the employer has agreed to extend the due date for the retirement of the employee.

Nevertheless, the Defendant did not pay KRW 443,730 on August 2, 2014, which was employed by D from April 2, 2012 to August 12, 2014, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of the D Wage Ledger (1-4 months, 5-8 months), the D Work Day of 2014, the D Work Day of 2014, the annual salary contract (type), the details of payment of D annual allowances, the details of payment of D annual allowances, and the Acts and subordinate statutes of August 2014 (D);

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, and the choice of fines for criminal facts; Article 109(1) and Article 36 of the same Act, Article 110 of the same Act and Article 26 of the same Act;

1. The Criminal Act among concurrent crimes.