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(영문) 의정부지방법원 2016.10.21 2016고단2736
근로기준법위반등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the actual representative of Gyeonggi-gun B, who is an employer who operates a salt processing company using four regular workers.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date;

Nevertheless, the Defendant did not pay KRW 23,474,612 in total, five workers as indicated in the attached list of crimes, including failure to pay KRW 3,450,000 in total, the wage of KRW 1,150,000 in January 2016 and the wage of KRW 2,30,000 in February 2016, when the Defendant worked at the above workplace from August 6, 2015 to February 16, 2016, within 14 days from each retirement date, although there was no agreement between the parties on the extension of the payment date.

(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 did not make a pre-announcement of dismissal 30 days in the dismissal on February 16, 2016 at the same workplace from August 6, 2015 to February 16, 2016, and did not pay KRW 2,300,000 of the pre-announcement of dismissal corresponding to the 30-day ordinary wage.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days from the date of such retirement, unless otherwise agreed on the extension of the payment date;

Nevertheless, the Defendant did not pay KRW 9,090,770 of E's retirement allowance, which was worked from November 1, 2012 to March 4, 2016, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1.D and G.

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