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(영문) 서울서부지방법원 2018.02.02 2016고단1717
근로기준법위반등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Of the facts charged in the instant case, the Labor Standards Act for Victims D and E shall be applied.

Reasons

Punishment of the crime

On November 15, 2017, the Defendant was sentenced to imprisonment with prison labor and three years and six months for fraud, etc. at the Jung-gu District Court on November 15, 2017, and the above judgment became final and conclusive on January 23, 2018.

Government District Court 2017No. 2017No. 2073, Supreme Court 2017Do 2016 Decided 2016 Decided 2027 [Violation of Labor Standard Act, Violation of Workers' Retirement Benefit Guarantee] The Defendant is an employer who runs a design and design business by employing seven full-time workers as an actual operator of (ju)G located in Mapo-gu Seoul Metropolitan Government, and (a) employing seven full-time workers as an actual operator of H in the said place (ju).

1. Where an employer intends to dismiss a worker, he/she shall give the worker an advance notice of dismissal at least 30 days, and where he/she has not given such advance notice of dismissal at least 30 days, he/she shall pay the worker ordinary wages for not less than 30 days;

A. The Defendant did not pay KRW 3,00,000,000 of the ordinary wages of 30 days to two workers who were dismissed without a prior notice, as shown in the attached Table 1 re-elections for the following crimes, when the Defendant dismissed workers I who were employed on or around April 1, 2015 at the (ju) G’s workplace without a prior notice on January 4, 2016, and did not pay KRW 8,00,000,000 in total of the pre-determination allowances for dismissal to two workers who were dismissed without a prior notice.

B. The Defendant did not pay KRW 4,230,00,000 of ordinary wages of 30 days to three workers who were dismissed without a prior notice as in attached Table 2, as in the case of the previous crime list 2, including that the Defendant was dismissed on January 14, 2016 by a worker J who was employed on March 2, 2015 at the (ju) H’s workplace and worked on March 2, 2015, for the total sum of KRW 10,780,000,000.

2. When a worker dies or retires, an employer shall pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Provided, That if there are special circumstances, the agreement between the parties shall be reached.

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