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(영문) 광주지방법원 2019.07.25 2019고단1957
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the user who runs restaurant business, etc. as the representative of Seo-gu C in Gwangju.

1. The Defendant unpaid wages and retirement allowances from March 5, 2016, while serving in the above restaurant from around January 10, 2019, did not pay KRW 5,801,935 in total and KRW 6,423,286 in total and KRW 6,423,286 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on extension of D and date of payment.

2. Where an employer who has not received the advance notice of dismissal intends to dismiss a worker, he/she shall do so at least 30 days prior to such dismissal, and where he/she fails to do so 30 days prior to such dismissal, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant immediately dismissed D who worked as above in the above restaurant on January 10, 2019 and did not pay KRW 2,004,000 corresponding to the amount of ordinary wages for 30 days with the advance notice of dismissal allowances.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (statement of calculation of retirement allowances);

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which relate to criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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