logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.12 2020고정1258
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an employer who employs one full-time worker in Seoul Special Metropolitan City, Gwanak-gu, and is engaged in real estate rental business.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and if he/she fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for thirty days or more;

On February 28, 2019, the Defendant dismissed C workers at the said B building workplace without giving thirty (30) days prior notice, and did not pay KRW 2,870,810 of ordinary wages for thirty (30) days.

2. When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred;

The Defendant, while working in the said B building from July 27, 2018 to February 28, 2019, failed to pay KRW 2,571,750 to C, who retired from office, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act, Article 110 Subparag. 1 and Article 26 of the Labor Standards Act, and the choice of fines, respectively, for criminal facts;

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;

arrow