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(영문) 대전지방법원 논산지원 2017.04.25 2016고정77
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

The defendant is the Self-Governing Chairperson of the C Apartment Management Office, who employs four full-time workers, and conducts apartment management business.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the defendant did not make a 30-day advance notice of the D having worked from June 9, 2010 at the above workplace and did not pay 1.5 million won for the 30-day advance notice of dismissal as the advance notice of dismissal on June 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness D's statement on January 17, 2017;

1. Statement made by the police with regard to D;

1. A copy of employment contract;

1. Application of statutes to a copy of a written notification of expiration of a contract;

1. Article 110 of the relevant Act concerning criminal facts and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor;

1. Fines of 200,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. The part dismissing a public prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da14

1. The summary of this part of the facts charged is that the Defendant is the self-governing chairperson of the apartment management office, who employs four full-time workers, and conducts apartment management business.

(a) An employer who has retired from office shall pay a retirement allowance within 14 days from the date on which the grounds for such payment occurred, in cases where the employee retires;

Nevertheless, the Defendant did not pay part of D retirement allowances of KRW 1,735,453 from June 9, 2010 to June 24, 2015 at the same place of business within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

(b) An employer who has not paid wages shall have retired.

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