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(영문) 서울북부지방법원 2019.10.16 2019고정781
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an employer who ordinarily employs seven workers while operating Dobong-gu Seoul Metropolitan Government C in B and 2.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and if he/she fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, the Defendant immediately dismissed workers D who worked in the above workplace from January 14, 2017 to September 9, 2018, and workers E who worked in the workplace from February 19, 2018 to September 9, 2018, and did not immediately pay 2,500,000 won (each total of 2,50,000,000 won) equivalent to the ordinary wage for 30 days with the advance notice of dismissal allowance as of September 9, 2018, respectively.

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;

Nevertheless, the Defendant did not pay KRW 4,906,879, working in the above workplace from January 14, 2017 to September 9, 2018, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment, and did not pay KRW 10,651,600, total amount of three employees’ wages, as shown in the list of crimes in attached Table 1, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the extension of the due date between the parties.

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

Nevertheless, the Defendant did not pay KRW 5,827,915 of D’s retirement allowances working at the above workplace without any agreement on the extension of the due date between the parties, within 14 days from the date of the occurrence of the cause for payment, as well as the total retirement allowances of two employees, such as the list of crimes in attached Form 2.

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