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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is the representative of the Gwangju Mine-gu Co., Ltd., Ltd., who operates steel manufacturing business using three full-time workers. A.
An employer shall not dismiss a worker during a period of suspension of work for medical treatment of an occupational injury or disease and for thirty days immediately thereafter, and any woman before and after childbirth shall not be dismissed during a period of suspension of work as prescribed by the Labor Standards Act and for thirty days immediately thereafter.
Nevertheless, from August 19, 2014, the Defendant dismissed D who was injured in the course of business due to an occupational injury on August 25, 2015, and was on August 25, 2015.
(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty
Nevertheless, the Defendant, from August 19, 2014 to D working in the said workplace from around August 19, 2014, notified D of dismissal on August 25, 2015, rather than 30 days prior to the date of dismissal, but did not pay KRW 1,837,320 of ordinary wages for at least 30 days.
(c) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.
Nevertheless, the Defendant worked in the said workplace from August 19, 2014 to August 25, 2015, and did not pay KRW 1,595,234 of retirement pay to retired workers D 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. Defendant's legal statement;
1. Statement of the police statement regarding E;
1. A written petition;
1. Notification of completion of the case and forwarding of protocol of conciliation;
1. Application of Acts and subordinate statutes to average wages and retirement allowance calculation statement;
1. Relevant Article 107 of the Labor Standards Act, Articles 107 and 23(2) of the Labor Standards Act concerning criminal facts, and the Labor Standards Act.