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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative director of D Co., Ltd. B and C, who runs a construction business with six full-time workers.
1. When a worker dies or retires, an employer who has violated his/her obligation to liquidate money or valuables shall pay wages, compensations, or 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, from August 22, 2017 to May 3, 2018, the Defendant is working at the construction site of Gangseo-gu E-type E-type.
A retired F shall work at the same new construction site from August 23, 2017 to May 3, 2018, for an annual paid leave of 1,840,000 won, and for an annual paid leave of 1,840,000 won.
The amount of KRW 2,890,000, total of the annual paid leave allowances 1,050,000 for retired G was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. Where an employer violating the duty of pre-announcement of dismissal intends to dismiss a worker, he/she shall make the pre-announcement at least 30 days, and where he/she fails to make the pre-announcement, he/she shall pay not less than 30 days ordinary wages.
Nevertheless, on May 3, 2018, the Defendant dismissed workers F and G without 30 days’ advance notice, and did not pay 6,900,000 won for advance notice of dismissal, which is ordinary wages of at least 30 days, to the said F, and 4,50,000 won for advance notice of dismissal, which is ordinary wages of at least 30 days.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police to F, G, H, and I;
1. First of all, the defendant dismissed F on the ground of violation of drinking and safety rules, etc., the defendant asserts that this constitutes a cause attributable to an employee who is an exception to pre-determination of dismissal under the proviso to Article 26 of the Labor Standards Act and Article 4(5) or (9) of the Enforcement Rule of the Labor Standards Act.
However, the defendant is submitted.