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(영문) 창원지방법원 2019.05.16 2018고단3238
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in Kimhae-si, who runs automobile parts manufacturing business using 17 full-time workers.

"2018 Highest 3238"

1. From September 16, 2015 to June 30, 2018, the Defendant did not pay KRW 6 million and retirement allowance of KRW 8,366,960, and KRW 50,138,790, and KRW 9,838,050,00 of the retirement allowance of workers E who worked as production workers in the same workplace at the same workplace from April 1, 2003 to July 31, 2018, within 14 days from the date of each retirement without agreement between the parties on the extension of the due date.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and when he/she has not given such advance notice 30 days prior to such dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant, on June 30, 2018, dismissed workers D who worked as production workers at the above workplace, but did not give 30 days’ advance notice or pay 3,000,000 won ordinary wages, and on July 31, 2018, the Defendant did not give 30 days’ advance notice or pay 3,340,000 won ordinary wages for 30 days’ ordinary wages, despite dismissal of workers E who worked as production workers at the above workplace.

From July 14, 2014 to May 31, 2018, the Defendant did not pay the amount of KRW 3,440,525 and retirement allowance of KRW 12,750,590 to workers who worked as production workers at the aforementioned workplace within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

"2019 Highest 719"

1. The Defendant, at the foregoing place of business, worked in a production position from September 1, 2017 to June 30, 2018, and retired from H’s retirement on June 6, 2018 (attached Form 7) without an agreement between the parties on the extension of the payment date, within 14 days from the date of the retirement, which is the date of payment.

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