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Reasons
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(영문) 서울중앙지방법원 2018.01.17 2017고정2212
근로기준법위반등
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the owner of the Gangnam-gu Seoul Metropolitan Government D building and E building, who ordinarily employs five full-time workers and operates a building lease business.

1. Violation of the Labor Standards Act;

(a) When a worker retires, an employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless there exists an agreement on extension of the due date for payment;

The Defendant did not pay KRW 9,881,418 within 14 days from the date of his retirement without agreement on the extension of the payment date, as stated in the attached list of crimes, including KRW 257,125,00 of F, who retired from the Defendant’s working place from May 10, 1992 to November 30, 2015, including the minimum wage difference of KRW 257,125, in addition to the minimum wage difference of KRW 9,790,439 and annual leave allowances of KRW 90,979, in total.

(b) When an employer intends to dismiss a worker, he shall do so at least thirty days prior to such dismissal, and when he fails to do so prior to such thirty days, he shall pay the ordinary wages for thirty days or more;

On May 10, 1992, the Defendant, who was employed on May 10, 1992, did not immediately pay KRW 1,339,200 of the dismissal allowance corresponding to the 30-day portion of ordinary wages, to F, who had worked as U.S. dollars for 30 days before November 30, 2015.

2. The Defendant violated the Labor-Retirement Benefit Security Act, as above, did not pay KRW 18,152,489 of the retired F’s retirement allowance within 14 days from the date of retirement.

3. Although an employer in violation of the Minimum Wage Act pays an amount of wages above the minimum wage amount to an employee subject to the minimum wage, the Defendant paid 4,002 won below the minimum wage rate of 4,860 won in July 2013 to the above F, as indicated in the list of crimes in the attached Table, and the amount below the minimum wage rate of 5,210 won in the year 2014, and the minimum wage rate of 5,580 won in the year 2015.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. The defendant;

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