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(영문) 서울중앙지방법원 2018.04.12 2018고정187
근로자퇴직급여보장법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a corporation in Seocho-gu Seoul Metropolitan Government, Seocho-gu and C, and operates an advertisement production business.

1. An employer who violates the Labor Standards Act due to the failure to prepare or deliver a labor contract shall deliver the worker a written document in which the items of wages composition, calculation method, and payment method thereof, and small working hours, holidays, teas, paid leaves, etc. are specified, to the worker when concluding the labor contract;

Nevertheless, the Defendant entered into a labor contract with D around August 3, 2015 at the above workplace and did not prepare and deliver to D a document stating the constituent elements, etc. of wages as above.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, make the pre-employment at least thirty days, and if he/she did not make the pre-employment thirty days, he/she shall pay the ordinary wages for thirty days or more

Nevertheless, the Defendant, from August 3, 2015, dismissed D workers who were in charge of computer traffic work as the chief of the above workplace from around February 7, 2017 without prior notice, and did not immediately pay KRW 2,66,66,66 on the date of dismissal.

3. An employer who violates the Labor Standards Act due to non-payment of wages shall pay wages, etc. within 14 days after the ground for such payment occurred, if the employee retires.

Nevertheless, the Defendant did not pay KRW 11,649,314, total sum of KRW 1,738,094 of the basic salary of retired workers D, KRW 9,703,220 of overtime work allowances, KRW 208,000 for labor income tax, and KRW 11,649,314 from August 3, 2015 to February 7, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.

4. An employer who violates the Guarantee of Retirement Benefits for an employee unpaid as a retirement allowance shall, if the employee retires, pay the retirement allowance within fourteen days after the ground for such payment occurred.

Nevertheless, the defendant is above.

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