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(영문) 인천지방법원 2020.11.11 2020고단5297
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant, as a representative of the Cwroid located in Nam-gu Incheon Metropolitan City, is an employer who runs a food-raising business using four full-time workers.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, the employer who has committed a crime subject to payment of wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from May 5, 2018 to February 16, 2020, did not pay 12,770,834 won in total, as stated in the attached crime list, as well as 261,816 won, monthly wage of 261,816 won, which was paid to retired workers D, from May 5, 2018 to February 16, 202, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

(b) An employer who has failed to pay the advance notice of dismissal shall give the advance notice of dismissal at least 30 days and shall pay the ordinary wages for not less than 30 days if he did not give the advance notice of dismissal at least 30 days.

Nevertheless, the Defendant, at the above workplace on September 28, 2019, dismissed 4 workers as of January 31, 2020 and dismissed 15,340,000 won in total as of February 16, 202 without giving notice of dismissal 30 days, such as E, working from around September 28, 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 3,680,476 of retirement pay to retired workers D who worked from the above workplace from May 5, 2018 to February 16, 2020 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. The Defendant’s written statement of each police officer against E, F, D, and G is retirement allowance to the employee D.

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