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(영문) 서울중앙지방법원 2019.11.27 2019고단2873
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of I Co., Ltd. in Gangnam-gu Seoul Metropolitan Government H building who runs software development business, etc. using 10 full-time workers.

1. Where an employer has died or retired a worker, he/she shall pay wages, compensations, and all other money and valuables within 14 days from the time when grounds for such payment have occurred;

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

Nevertheless, the Defendant is working as a person in charge of game development from August 1, 2018 to December 31, 2018 at the above workplace.

The retirementJ’s total of KRW 1,916,660 in October 2018, and KRW 1,916,660 in November 2018, and KRW 5,749,980 in December 2018, did not pay KRW 5,749,980 in total within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as described in attached Table 1, 3 through 6, 9, 14 in the list of crimes, and did not pay KRW 47,365,323 in total, including seven workers’ wages and retirement allowances, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties.

2. An employer who has not received an advance notice of dismissal (violation of the Labor Standards Act) shall, when he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and where he/she has not made such prior notice, he/she shall pay not less than 30 days ordinary wages.

Nevertheless, the Defendant dismissed an employee K, who was employed on August 1, 2018 at the above workplace and worked on August 1, 2018, without giving 30 days’ advance notice of dismissal, and without paying 4,583,330 won equivalent to the amount of ordinary wages for 30 days as advance notice of dismissal allowances at the end of November 2018, and without giving 30 days’ advance notice of dismissal to two employees as shown in the attached Table No. 8 and 9.

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