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(영문) 대구지방법원 김천지원 2019.01.08 2018고정305
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the C representative in the old and American City B, who is a full-time worker and operates a manufacturing business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the defendant is working as the head of the on-site management office from March 27, 2013 to December 27, 2017 at the above workplace.

On December 28, 2017, retired workers D's wages of KRW 2,600,000 in December 2017 were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, the Defendant dismissed workers E who worked in the gold production division from September 7, 2015 to March 13, 2017 at the above workplace, and workers F who worked in gold production division as a gold production member from January 16, 2018 to December 16, 2018 without a prior notice, and did not immediately pay 2,336,280 won of the above E’s pre-announcement of dismissal and 2,230,080 won of the above F’s pre-announcement of dismissal with a normal wage for 30 days as advance notice of dismissal.

3. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is employed by the head of the gold production division from September 7, 2015 to January 13, 2018 at the above workplace.

On January 14, 2018, retirement allowances of E, 5,070,875, etc.

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