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(영문) 대구지방법원 2020.11.04 2020고단3280
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an employer who is a representative director of D, a rental company, who is a food delivery agency with the office in the fourth floor of the Daegu Suwon-gu C building and a rental company, and operates a business by employing five regular workers.

1. The Defendant in arrears with wages and retirement allowances shall be the Defendant from November 6, 2018 to January 28, 2020 in the credit rating company D.

The total amount of wages and retirement allowances of KRW 4,201,170 paid in January 2020 and annual allowances of KRW 2,201,100 paid in 2020 and annual allowances of KRW 3,531,723, and the amount of wages and retirement allowances of KRW 4,531,723 from December 10, 2018 to January 23, 2020.

Wages and retirement allowances of KRW 3,245,680 in total of KRW 1,561,280 in January 2020 and annual allowances of KRW 1,684,40 in 2020, and KRW 2,831,176 in total, were not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

2. Where an employer who has not received the advance notice of dismissal intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and where he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

Nevertheless, the Defendant dismissed workers E who worked in the Dispute Resolution Co., Ltd on January 28, 2020 from November 6, 2018 and did not pay 2.5 million ordinary wages for 30 days.

Summary of Evidence

The defendant's third trial date's oral statement

1. Legal statement of witness E;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to the calculation of overdue money and valuables and retirement allowances;

1. Article 109 (1), Article 36, Article 110 subparagraph 1, and Article 26 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109 (1), Article 36 of the same Act, and Articles 44 and 9

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has not yet been settled for the wages in arrears of E and F, information essential for E to operate after departure from employment as a competitor.

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