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(영문) 인천지방법원 2019.06.21 2019고정362
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 owner of the D real business in Michuhol-gu Incheon Building C, who runs the distribution business using seven regular workers. A.

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, the Defendant did not pay 1,807,200 won for the part of ordinary wages for 30 days to E, upon notification of his oral dismissal on October 14, 2018, from October 21, 2017 to E, who had been engaged in fishing from October 21, 2017.

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

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

Nevertheless, the Defendant did not pay KRW 701,545 of E, who worked in fishing from October 21, 2017 to October 13, 2018 at the above workplace, within 14 days from the date when the cause for payment occurred without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement (No. 5, No. 7) of E and the accused;

1. Determination as to the defendant and his/her defense counsel's assertion on the details of letter receipt and commuting card

1. The summary of the argument is that the Defendant dismissed E on October 14, 2018 on the ground that “the employee has illegally removed the product or intentionally inflicted property damage by social norms,” which is stipulated as an exception to the pre-announcement of dismissal, and thus does not pay the pre-announcement of dismissal. As such, the Defendant merely did not pay wages on the ground that E did not return work clothes, etc. while disputing the validity of dismissal, there is justifiable reason for not paying wages.

2. Determination

A. As to the failure of advance notice of dismissal allowance 1.

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