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(영문) 대구지방법원 2018.07.20 2018고단1286
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

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

On September 17, 2017, the Defendant did not pay KRW 2,00,000 of the dismissal allowance corresponding to the portion of ordinary wages for 30 days when immediately dismissing employees B at the same workplace without being dismissed at the same workplace without being dismissed, and did not pay KRW 9,073,830 in total of the dismissal allowance for four retired workers, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to each accusation, transaction details (C), transaction details (B), Kakao Stockholm dialogue content, average wages, and retirement allowances, and the accounts records of D Juristic Persons;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. In the facts charged, the Defendant is a representative director of D Co., Ltd., Ltd., E, who employs 5 to 6 full-time workers, and operates a food manufacturing company.

A. The Defendant in violation of the Labor Standards Act did not pay KRW 13,340,00,00, which was retired from the said workplace from August 1, 2016 to September 17, 2017, for the total amount of KRW 83,497,642, including five retired workers, without agreement on the extension of payment deadline, as shown in the list of the attached crimes.

B. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers shall pay the retirement allowances of KRW 26,896,315, including KRW 26,89,317, who retired from the said workplace from the said workplace from August 1, 2016 to September 17, 2017, to the lapse of 14 days from the date of the retirement without agreement on the extension of the payment deadline, as shown in the list of crimes in the attached Table.

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