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(영문) 수원지방법원 2020.03.27 2019고단5717
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of Young-gu F and H Co., Ltd. in Suwon-si F and H, who is a full-time worker and operates a manufacturing business of display equipment using eight full-time workers.

1. If an employee in arrears with wages or retirement allowances dies or retires, the employer shall pay him/her wages, compensations, and other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred;

The Defendant, at the same place of business, did not pay 16,29,304 won of the total wages of 3 workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in the attached crime list (1), including the fact that 1,649,557 won of the worker I, who worked from March 2, 2018 to November 16, 2018, was not paid within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. An employer who has not received the advance notice of dismissal shall make the advance notice of dismissal at least 30 days prior to the dismissal of the worker, and shall pay not less than 30 days ordinary wages when he fails to make such advance notice thirty days prior to the dismissal.

The Defendant did not pay KRW 5,00,000 for an advance notice of dismissal, when dismissing an employee J who was employed on April 2, 2018 at the same workplace without prior notice, on November 2, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. K’s petition, statement of salary, receipt for tax withholding for employment income, and details of confirmation of telephone, etc.;

1. Details of the petition, statement of benefit, and benefit passbook of the I; and

1. Details of L’s petition, statement of benefit, and benefit passbook; and

1. Application of Acts and subordinate statutes concerning police statements to J;

1. Article 109(1), Article 36, and Article 110 subparag. 1, and Article 26 of the Labor Standards Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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