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(영문) 의정부지방법원 고양지원 2018.05.03 2018고단409
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is an employer who runs a building management service business by utilizing seven full-time workers as the representative director of the corporation, which is located in the Dong-gu B and 7001-11 in Manyang-si.

1. Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 1,913,260 of the wages of 7 workers from July 29, 2016 to August 2, 2017 at the above workplace without an agreement between the parties to the extension of the payment date and KRW 84,942,101, total wages of 84,942,101 as shown in the attached crime list, as shown in the attached crime list.

2. An employer who has not paid the advance payment for dismissal shall, when intending to dismiss the workers, make the advance payment at least thirty (30) days prior to the dismissal, and shall pay the ordinary wages for thirty (30) days or more unless the advance payment is made prior to the dismissal.

Nevertheless, the Defendant, on May 11, 2017, dismissed an employee E who was employed on May 26, 2017 at the same workplace and was in charge of business start-up and planning work, without prior notice of 30 days prior to dismissal, and did not pay KRW 2,275,360 equivalent to the ordinary wage for 30 days in advance of dismissal as advance notice of dismissal.

3. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant, at the above place of business, worked from July 29, 2016 to August 2, 2017 at the above place of business, and retired from D retirement.

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