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(영문) 서울남부지방법원 2015.01.09 2014고합407
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is an actual manager of CL in W from January 24, 2014 to March 28, 2014, who ordinarily employs 70 workers and engages in the manufacturing business of piping materials.

1. An employer who violates the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, such as wages, shall, where a worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and where the worker retires, he/she shall pay the retirement allowances within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, when working in the foregoing company from January 27, 2012 to February 7, 2014, did not pay KRW 3,305,537, retirement allowances, 3,675,340, in total, 140,552,817, including eight employees, including DX, including DX, and retirement allowances, within 14 days from the date of each retirement without agreement on the extension of the payment deadline, as shown in the attached list of crimes, and did not pay KRW 3,305,537, and retirement allowances within 14 days from the date of each retirement without agreement on the extension of the payment deadline with eight employees and the extension of the payment deadline.

2. An employer who violates the Labor Standards Act due to unpaid advance notice of dismissal allowances shall, if he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and if he/she fails to make such prior notice 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, on February 7, 2014, the Defendant dismissed workers DX and DY employed by the above company, and did not pre-announce 30 days in advance, and did not pay DY KRW 1,66,660 corresponding to DY’s ordinary wage for 30 days, and paid KRW 2,592,940 corresponding to DY’s ordinary wage for 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each of the statements of the DX self-statements, DZ, EA, EB, and EEC (at least 2014 high-conforming 407 cases), ED, EE, and EF, and the complaints against DY.

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