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(영문) 서울남부지방법원 2015.02.04 2014고단1263
근로기준법위반등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant of "2014 Highest 1263" is an employer who employs not less than five full-time workers as a manager of (ju)B located in Yangcheon-gu Seoul Metropolitan Government.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant dismissed his employee C on November 15, 2013, and did not give 30 days’ advance notice, and did not pay 3,692,300 won or more of ordinary wages for 30 days or more.

The defendant of "2014 Highest 2926" is an employer who employs not less than five full-time workers as a manager of (ju)B in Yangcheon-gu Seoul Metropolitan Government.

1. An employer who violates the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits due to failure to pay wages, etc. shall pay retirement allowances within fourteen days after the ground for such payment occurred when the worker retires;

Nevertheless, the Defendant, at the foregoing place of business, worked from November 5, 2012 to November 16, 2013, did not pay KRW 3,100,746 of retirement allowances of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Labor Standards Act due to unpaid advance notice of dismissal allowances shall, if he/she intends to dismiss a worker, make a prior notice of dismissal at least 30 days, and if he/she fails to make such prior notice 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, on November 15, 2013, the Defendant dismissed workers D who worked as the vice head of the business division at the above (B) workplace on November 15, 2013, and did not give 30 days prior notice, and did not pay KRW 3,076,923 of ordinary wages for at least 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement C on the police statement of the defendant;

1. C’s statement;

1. Report on arrears of D wages;

1. Each written statement of D;

1. Retirement pay;

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