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(영문) 광주지방법원순천지원 2020.12.17 2020고단1278
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 D representative in Mineyang-si C, who is engaged in the manufacturing industry by employing three full-time workers.

1. An employer who violates the Labor Standards Act due to overdue payment of wages shall, if the worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen 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 worked in the said workplace from August 27, 2018 to July 21, 2019, and paid the total of KRW 16,750,000 to July 2019 of retired workers E at the said workplace and from January 8, 2018 to December 31, 2019 of the F of retired workers from the said workplace, and did not pay KRW 33,390,523 of the said two workers’ wages, including the total of KRW 16,640,523, out of wages from April 27, 2019 to December 31, 2019, without agreement between the parties to the extension of the payment date.

2. An employer who violates the Labor Standards Act due to unpaid advance notice of dismissal allowances shall, if he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and if he/she fails to make such prior notice 30 days, he/she shall pay the ordinary wages for not less

Provided, That the same shall not apply where it is impossible to continue business due to natural disasters, accidents, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.

Nevertheless, the Defendant immediately dismissed workers E on July 22, 2019 without prior notice, and did not immediately pay KRW 5,280,000 corresponding to the amount of ordinary wages for 30 days due to the advance notice of dismissal on July 22, 2019.

3. An employer who violates the Act on the Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances shall retire.

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