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(영문) 서울중앙지방법원 2015.04.14 2015고정461
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

The defendant is a C representative director in the 9th floor in Gangnam-gu Seoul Metropolitan Government, who runs real estate sales business using 25 full-time workers.

When an employer intends to dismiss a worker in violation of the Labor Standards Act, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give an advance notice at least 30 days, he/she shall pay the ordinary wage for

Nevertheless, the Defendant, at the above workplace, had D who had worked from October 1, 2012 to August 29, 2014 at the above workplace, for the same year as August 22, 2014.

8. In the notice of dismissal as of 29.2, not paying KRW 2,000,000 for the advance notice of dismissal.

When a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred.

Nevertheless, the defendant is working from October 1, 2012 to August 29, 2014 at the above workplace.

D’s total amount of KRW 2,700,000,000 for July 2014, and wage of KRW 1,700,000 for August 2014, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(b) An employer violating 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

Nevertheless, the Defendant, at the foregoing place of business, worked from October 1, 2012 to August 29, 2014, did not pay KRW 3,682,549 of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of D's written confirmation and each written petition Acts and subordinate statutes;

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the Labor Standards Act (which refers to an unpaid allowance for dismissal) concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act (which refers to an unpaid wage);

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