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(영문) 인천지방법원 2018.09.28 2017고정2304
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of C in the second floor of the Incheon Bupyeong-gu B building, who is a user who runs a telecommunications construction business using three full-time workers.

1. When a worker dies or retires, the employer shall 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 did not pay KRW 94,626, out of March 6, 2017, to March 21, 2017, which was retired from the said workplace, within 14 days from the date of retirement without agreement on the extension of payment deadline.

2. When an employer intends to dismiss (including dismissal due to managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and where he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the worker ordinary wages for at least 30 days.

Provided, That this shall not apply to cases where it is impossible to continue the 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 the grounds prescribed by Ordinance of the Ministry of Labor.

Nevertheless, the Defendant did not immediately pay KRW 2,296,650 equivalent to the ordinary wage for 30 days from the date of dismissal by dismissing employees E who were employed on March 14, 2016 at the same place of business by oral dismissal without setting the pre-determination period of dismissal as of February 7, 2017. The above place of business did not immediately pay KRW 2,296,650 equivalent to the ordinary wage for 30 days from the date of dismissal, while dismissing employees D who were employed on March 6, 2017 at the same place of business by oral dismissal without setting the pre-determination period of dismissal as of March 30, 2017.

3. The employer.

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