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(영문) 서울서부지방법원 2016.02.05 2015고정1299
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Eunpyeong-gu Seoul Metropolitan Government D, who employs five full-time workers and operates rehabilitation support projects for persons with disabilities.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and if he/she fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, the defendant had been employed on October 13, 2014 at the above workplace.

On April 16, 2015, E did not immediately pay KRW 1,200,000 to E for the part of ordinary wages for 30 days while immediately dismissing without prior notice.

2. An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 275,560, and KRW 259,383,000,000,000,000 from October 3, 2014 to April 17, 2015, in total, KRW 534,943,00,00 from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F (part);

1. Application of Acts and subordinate statutes concerning standard labor contract for fixed-term workers, wage ledger, and detailed statement of wages;

1. Relevant legal provisions concerning facts constituting an offense, Article 110 subparagraph 1, Article 26 of the Act on the Standards for Selective Labor, Article 10 of the Labor Standards, Article 109 (1), Article 36 of the Labor Standards Act, and the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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