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(영문) 인천지방법원 2018.05.11 2018고정522
근로기준법위반등
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, as the C representative director in Seo-gu Incheon, is a full-time employer who runs the business of manufacturing other electrical equipment using 13 full-time workers.

When an employer intends to dismiss (including dismissal for managerial reasons) a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and if he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the defendant dismissed D who was employed by the above business operator on March 28, 2016 and works in good faith as a production worker, as of October 18, 2017, without giving notice of dismissal for 30 days before the date of dismissal, while the defendant dismissed D who was employed by the above business operator as of October 18, 2017. The defendant did not immediately pay D KRW 927,917 of the advance notice of dismissal to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written complaints and written confirmations of facts;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant, as the C representative director in Seo-gu Incheon, is a user who runs other manufacturing business of electrical equipment using 13 full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 two annual allowances of KRW 2,033,662, including D’s annual allowances of KRW 416,312, which were worked from March 28, 2016 to October 18, 2017 at the same place of business, are paid within 14 days from the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment deadline.

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