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(영문) 부산지방법원 서부지원 2018.08.17 2017고단1937
근로기준법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 1937,” is an employer who ordinarily employs four workers in the name of “C” in Busan Northern-gu B and the second floor.

1. An employer who violates the Labor Standards Act due to non-payment of wages, etc. shall, if the employee dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant worked for the management department from June 2, 2016 to May 31, 2017 at the above “C” company and did not pay KRW 673,640 to retired workers D within 14 days from the date of his/her retirement, which is the date of the occurrence of the payment cause, without any agreement between the parties on the extension of the payment date.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, when intending to dismiss the workers, make the pre-employment at least thirty days prior to such dismissal, and when 30 days prior to such dismissal has not been made, shall pay the ordinary wages for not less than thirty days.

Nevertheless, on May 31, 2017, the Defendant immediately dismissed D workers working for the management department at the above “C” company, without prior notice, and did not pay KRW 1,837,000 for at least 30 days of ordinary wages on the date of dismissal.

An employer or worker who is dissatisfied with an order for remedy or a decision of dismissal issued by a Regional Labor Relations Commission pursuant to the Labor Relations Commission Act of 2018 shall file a lawsuit within ten days from the date when he/she receives a written decision of dismissal after having received an order for remedy, or within 15 days from the date when he/she receives a written decision of re-adjudication, and if he/she fails to file an application for reexamination within the said period or to file an administrative litigation, such order for remedy or decision of dismissal shall be

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