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(영문) 인천지방법원 2016.07.22 2016고정1602
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of the company C in Seo-gu, Seo-gu, Incheon, and the first floor, who runs the electronic component manufacturing business using five full-time workers.

1. Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant employed from October 1, 2010 to September 11, 2015 at the above workplace and retired from the above workplace, and did not pay part of the wages in September 2015 to September 1, 201, from October 17, 2011 to September 11, 2015, and did not pay KRW 2,795,877 within 14 days from the date of retirement without agreement between the parties.

2. An employer who has not paid a pre-paid allowance shall, when he/she intends to dismiss a worker, give the pre-paid notice at least 30 days prior to the dismissal and, if he/she has not given such notice 30 days prior to the dismissal, shall pay the ordinary

Nevertheless, the Defendant notified D and E of the dismissal three days before September 11, 2015 that “the company is likely to grow,” and the Defendant did not pay part of the pre-employment allowance for D as well as KRW 727,680 and KRW 909,610, respectively, without giving the pre-employment notice within 30 days from the date of the dismissal.

3. An employer who has retired from office shall pay a retirement allowance within 14 days from the date on which the grounds for such payment occurred, in cases where the employee retires.

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

Nevertheless, the Defendant, on September 11, 2015, retired from the said place of business on September 11, 2015, partially 2,000,000 retirement allowances from September 11, 2015, and September 11, 2015, retired from the said place of business on September 11, 2015.

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