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(영문) 대전지방법원 2019.05.29 2018고정856
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual representative of Seo-gu Daejeon, Seo-gu, who is an employer who operates human resources supply business using four regular workers.

1. When an employer who violates the Labor Standards Act intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and when he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less than thirty days;

Nevertheless, the Defendant, at around November 7, 2017, dismissed D and E, who worked as U.S. dollars from January 1, 2016 to November 10, 2017 at the same place of business, and retired from office on November 10, 2017 without a prior notice of dismissal 30 days, and did not immediately pay 3,157,216 won (D 1,607,376 won and E 1,549,840 won) as of the date of dismissal on the date of dismissal.

2. Where an employer who violates the Labor Standards Act dies or retires, he/she shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay 517,656 won in total, including D’s wages 240,013, E’s wages 277,643, which were worked as U.S. dollars from January 1, 2016 to November 10, 2017 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

3. 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 after the cause for such retirement occurred; and

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

Nevertheless, the Defendant works in F and G from January 1, 2017 to December 31, 2017 at the above workplace.

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