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(영문) 서울남부지방법원 2018.06.08 2017고정618
근로기준법위반
Text

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

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

Reasons

Criminal facts

The defendant is a manager of the Gangseo-gu Seoul Metropolitan Government building B and the Dispute Resolution Co., Ltd., who runs a comprehensive construction business by using two full-time workers.

(a) When a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the said workplace from September 5, 2015 to July 29, 2016, and did not pay the total of KRW 7,800,000, and the total of KRW 7,378,140,00 from September 5, 2015 to May 2016 to E, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

(b) When an employer who has not paid the pre-paid allowance for dismissal intends to dismiss a worker, he shall do so at least 30 days prior to such dismissal, and when he does not do so 30 days prior to such dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, the Defendant immediately dismissed the employee E who was employed on September 5, 2015 and was in charge of field management at the above workplace on July 29, 2016 at the office around 18:00 on July 29, 2016 without any special reason, and immediately did not immediately pay KRW 4,000,000 equivalent to the ordinary wage for 30 days under the pre-determination of dismissal allowance as the pre-determination of dismissal allowance at the office around July 29, 2016 without the prior notice that “if he/she is found guilty of the facts charged selectively added, he/she does not separately determine the previous facts charged).

1. Recording of the witness E's statement in the third public trial records;

1. Application of Acts and subordinate statutes to evidentiary documents on wage filing;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1), 36 of the Labor Standards for Optionald Labor, and Articles 110 subparag. 1 and 26 of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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