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(영문) 서울남부지방법원 2020.06.12 2020고단353
근로기준법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative director of Gangseo-gu Seoul Metropolitan Government D, which is a company in subparagraph c of the building B, and is a user who conducts golf content development business using eight regular workers.

When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, on January 31, 2019, the Defendant dismissed workers E without giving 30 days’ prior notice, and did not pay KRW 6,66,660,660, which is a ordinary wage for at least 30 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Kakao Stockholm photograph Acts and subordinate statutes

1. Relevant Article 110 of the Labor Standards Act and Articles 110 subparagraph 1 and 26 of the Labor Standards Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. When an employee dies or retires, the employer of the gist of this part of the facts charged shall pay him/her wages, compensations, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working in the workplace from April 1, 2016 to January 31, 2019.

The retired E's wages of 246,620 won, monthly wage of 6,66,60 won, monthly wage of 10,66,660 won, monthly wage of 6,66,660 won, monthly wage of 12 months, wage of 6,66,60 won, monthly wage of 6,666,660 won and incentives of 5,000,000 won, and wage of 31,913,060 won and retirement allowance of 18,510,90 won, without any agreement between the parties on the extension of the payment date between the parties.

2. Determination

(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;

B. On April 17, 2020, after the prosecution of this case, the injured workers expressed their intention not to punish.

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