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(영문) 수원지방법원 안산지원 2021.01.26 2020고정861
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, together with B, is an employer who employs three full-time workers as a joint representative director of the Dispute Resolution D Co., Ltd. in Ansan-si Co., Ltd. and the second floor of Ansan-si.

1. If a worker in arrears dies or retires, the employer shall pay him/her wages, compensations, and other money or valuables within 14 days from the time 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 21,860,841 won of wages in arrears to five retired workers, including 1,583,30 won in September 2019, when he/she retired from the said workplace as from July 23, 2018 to September 15, 2019, within 14 days from the date of his/her retirement without an agreement on the extension of the payment deadline between the parties concerned, as shown in the annexed crime list.

2. An employer who has not paid advance notice of dismissal shall, when he/she intends to dismiss a worker, do so at least 30 days prior to the dismissal, and when he/she has not given such advance notice, he/she shall pay not less than 30 days ordinary wages as the advance notice of dismissal.

Nevertheless, the Defendant did not immediately pay KRW 2,870,880 of the pre-employment allowance when he dismissed on November 18, 2019 and immediately paid KRW 2,870,880 to F working in the above workplace from July 18, 2019 to November 21, 2019, without 30 days prior to the dismissal.

3. If a worker dies or retires, the employer in arrear of a retirement allowance shall pay the worker a retirement allowance within 14 days after the ground 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 3,643,831 of the retirement allowances of E retired from the said workplace from July 23, 2018 to September 15, 2019, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Defendant, ..

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