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(영문) 청주지방법원 제천지원 2014.06.12 2014고단125
근로기준법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a representative director of D Co., Ltd. who is engaged in the business of collecting and selling tin stones in Chungcheong-gun C, and is an employer who has employed 15 full time workers and engaged in the above business.

1. When a worker retires, the employer shall pay him/her retirement allowances, wages, compensation, and all other money and valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the amount of KRW 4,689,130 and retirement allowances of KRW 17,435,90 within 14 days from the date of retirement, without agreement on the extension of the due date between the parties, as well as the amount of KRW 2,403,360, August 8, 2013 of E, which had been employed as an employee in production in the workplace of D Co., Ltd. from January 17, 2007 to September 30, 2013.

In addition, the Defendant did not pay the total of KRW 177,724,210 to the total of 10 workers working at the workplace D, such as the list of crimes in attached Form D, within 14 days from the date of retirement, without any agreement on extension of the due date with the employees.

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 if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, without prior notice of dismissal on July 30, 2013, the Defendant dismissed workers F who worked in D’s workplace from October 20, 2012 to be an operator of a soft season, and did not pay KRW 2,052,30 corresponding to ordinary wages.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of a certified copy of register or business registration certificate;

1. Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 of the Labor Standards Act.

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