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(영문) 대전지방법원 천안지원 2019.02.20 2018고단2163
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Asan City, who ordinarily employs 20 workers and operates a pelboxing business.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

The Defendant is working at the same workplace from March 4, 2017 to March 9, 2018.

A retired D’s wages of KRW 1,071,690 on September 2017, and KRW 1,040,410 on October 2017, and KRW 540,410 on December 2, 2017, wages of KRW 500,410 on January 1, 2018, KRW 3,037,450 on February 2, 2018, and KRW 7,209,766 on March 3, 2018, did not pay KRW 1,019,80 on February 2018 without any agreement on the extension of the payment period between the parties, and worked at the said workplace as indicated in the attached list of crimes.

The retirement worker did not pay the total of 22,49,161 won within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

(b) When an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least 30 days prior to such dismissal, and when he does not do so 30 days prior to such dismissal, he shall pay not less than 30 days’ ordinary wages.

On March 2, 2018, the Defendant dismissed D who worked at the above workplace without prior notice, and did not pay KRW 3,300,000 as shown in No. 3 of the List of Offenses.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

The Defendant is working at the same workplace from March 4, 2017 to March 9, 2018.

D The retirement allowance of 3,285,695 won shall not be paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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