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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is the representative director of Jongno-gu Seoul Metropolitan Government, Jongno-gu and 4, who ordinarily employs ten workers and operates software development business, etc.
1. An employer shall implement a decision on a retrial on the order for remedy or remedy which has become final and conclusive by filing an administrative litigation;
Workers E applied for remedy against the Defendant on September 27, 2013, and the Seoul Regional Labor Relations Commission received an order of remedy on November 19, 2013, to the effect that “The act of the Defendant’s employer, the Defendant’s employer, the Defendant’s oral notification to the above employee, and directed other employees to leave the job constitutes dismissal.” In such dismissal, the employer did not follow the written notification procedure stipulated in Article 27 of the Labor Standards Act, and thus, “an unfair dismissal.” The employer issued an order of remedy to the effect that “the worker E is reinstated to the original position, and the amount of wages that the worker would have received if the worker had worked normally during the period of dismissal is paid.” The Defendant received this letter of order of remedy on December 3, 2013.
On February 20, 2014, the Defendant appealed and filed an application for reexamination with the National Labor Relations Commission, and the National Labor Relations Commission rendered a judgment dismissing the application for reexamination on February 20, 2014, which rejected the application, and the Defendant appealed both from the Daejeon District Court, Daejeon High Court, and the Supreme Court. On March 25, 2016, the Defendant did not comply with the order for remedy finalized by the Seoul Regional Labor Relations Commission, even though the order for remedy was served by the said Supreme Court ruling.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the defendant shall be reinstated on May 13, 2016 as an order for remedy that became final and conclusive.