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(영문) 전주지방법원 군산지원 2016.10.14 2016고단199
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a user who conducts plant manufacturing business using at least 10 full-time workers as the representative of Jeonbuk-si C (State)D located in Jeonbuk-si.

1. When a worker dies or retires, an employer who violates the Labor Standards Act due to delayed payment of wages shall pay the worker 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, at the above workplace from September 13, 2013 to May 16, 2015, did not pay the total of KRW 4,350,000 for eight workers, including the total of KRW 4,350,00,00 for retired workers E, within 14 days from the date of each retirement without an agreement on the extension of the payment date between the parties concerned, as shown in the attached crime list.

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

Nevertheless, the Defendant, on May 16, 2015, dismissed workers E who worked as described in the foregoing paragraph (1) without giving 30 days prior notice within the above workplace, and did not pay 4,500,000 won for the advance notice of dismissal as well as 27,00,000 won for the advance notice of dismissal when dismissing 6 workers as described in the attached list of crimes.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant served in the above workplace as described in the above paragraph (1).

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