logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.11 2020고단1870
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative director of the Gangnam-gu Seoul Metropolitan Government C Co., Ltd. who operates medical device sales business with 13 full-time workers, and is the representative director of the E Co., Ltd. located in Mapo-gu Seoul Metropolitan Government D, who conducts business consulting business with 40

When an employer 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 an advance notice at least thirty days, he/she shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant, from January 14, 2019, did not pay KRW 5,833,340 of ordinary wages for 30 days while dismissing worker F who worked for the said C Co., Ltd. without notice on October 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a petition, employment contract, wage ledger, business registration certificate, and 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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The defendant is an employer who is the representative director of the Gangnam-gu Seoul Metropolitan Government C Co., Ltd. and operates medical device sales business, etc. using 13 full-time employees, and is the representative director of the Mapo-gu Seoul Mapo-gu E Co., Ltd. and engages in business consulting business using 40 full

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 served in the said stock company E from June 1, 2019 to September 9, 2019, and attached Form, including KRW 1,955,580 of the retired workers G, when serving in the said company E.

arrow