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(영문) 창원지방법원 2020.09.25 2020고정443
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the D representative located in Seongbuk-gu, Seongbuk-gu, Sungwon-si, Sungwon-si, who is an employer who runs the electrical construction business using eight full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay overtime allowances of 749,250 won and annual paid leave allowances of 55,000 won, which were worked at the above workplace during the period from October 1, 2019 to March 31, 2020, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

(b) When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker a notice of dismissal at least thirty (30) days, and if he/she did not give such notice 30 (30) days, he/she shall pay the worker ordinary wages for not less than thirty

Nevertheless, for the period from October 1, 2019 to March 31, 2020, the Defendant issued a notice of dismissal 30 days prior to the date of dismissal or did not pay more than 30 days ordinary wages.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement of E;

1. The application of Acts and subordinate statutes to report on the receipt of internal investigation data and on the receipt of investigative data;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, and each selective fine for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The fact that Article 59(1) of the Criminal Code of the Suspension of Sentence is divided and reflected by the defendant.

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