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(영문) 서울서부지방법원 2020.08.19 2020고정719
근로기준법위반등
Text

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 of Yongsan-gu Seoul Metropolitan Government C who ordinarily employs 15 workers and operates restaurant business.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and when he/she fails to give such advance notice thirty days prior to the dismissal, he/she shall pay not less than thirty days ordinary wages;

The Defendant, who entered C on October 30, 2018 and worked until December 31, 2019, was unable to continue to operate his business upon receipt of the notification that D would go from the owner of the building", and immediately notified the dismissal without the prior notification, and did not pay KRW 401,00,000 corresponding to the portion of ordinary wages for 30 days with the advance notification of dismissal as well as the amount of KRW 4019,136 corresponding to the portion of ordinary wages by the advance notification of dismissal as well as the amount of KRW 895,00,000 on the date of dismissal as shown in the attached list of crimes.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant had worked from October 30, 2018 to December 31, 2019, and retired D’s annual paid leave allowance of 3.488,251 won, as well as 19.25,80,806 won, annual paid leave allowance of 7.762,663 won, and 9.68,469 won, in total, was not paid within 14 days from the date of retirement as of the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date for payment.

3. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

The Defendant has worked from October 30, 2018 to December 31, 2019 and has retired D’s retirement pay of KRW 4,330,819.

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