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(영문) 의정부지방법원 2021.01.14 2020고정1175
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. The Defendant who is not paid the annual paid leave allowance is the representative of the Guri-si C located in B, who runs the manufacturing industry with one full-time worker.

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

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked in the said workplace from November 22, 2010 to June 30, 2018 and did not pay D retirement allowances of KRW 413,400 during the period from November 22, 2016 to November 21, 2017, the annual paid leave allowances of KRW 482,30 during the period from November 22, 2017 to June 30, 2018, and KRW 895,70 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

2. The defendant who is not paid the dismissal allowance and the annual paid leave allowance is the representative of the F in the case of Namyang-si, and is an employer who operates the manufacturing industry using five full-time workers.

(a) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days, and if he/she fails to give such advance notice 30 days, he/she shall pay not less than 30 days ordinary wages;

Nevertheless, the Defendant did not pay KRW 2,300,000 of ordinary wages for not less than 30 days while dismissing D workers who worked in the above workplace from July 1, 2018 to February 21, 2020 without pre-announcement on February 30, 2020.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant at the above workplace from July 1, 2018 to February 21, 2020.

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