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(영문) 서울남부지방법원 2020.11.19 2019고단6454
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of Geumcheon-gu Seoul Metropolitan Government building B, C, and D, who is a full-time worker and operates 3D multi-level video production business using 7 full-time workers.

1. Where an employer violating the pre-announcement of dismissal intends to dismiss a worker, he/she shall make the pre-announcement at least 30 days prior to the dismissal, and where he/she fails to make the pre-announcement at least 30 days prior to the dismissal, he/she shall pay

Nevertheless, on September 2, 2019, the Defendant dismissed the F of Workers on September 2, 2019 without giving 30 days’ advance notice, and did not pay KRW 2,50,000,000 among the pre-paid allowances for dismissal, which are not less than 30 days’ ordinary wages, and did not pay the total of KRW 16,178,484 of the pre-paid allowances without giving 30 days’ advance notice as shown in the attached crime list

2. Where an employer in violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits dies or retires of a worker, the employer shall pay wages, compensations, retirement allowances, and other money or valuables within 14 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 from August 27, 2018 to September 2, 2019 at the above workplace.

In addition to the total amount of KRW 12,826,363 as well as KRW 12,817,429 as well as KRW 12,817,429 as well as KRW 9,826,363 as well as KRW 14,867,461 as well as KRW 72,19,684 as well as KRW 14,867,777 as retirement allowances of four retirement workers, respectively, as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H, I, F, and J;

1. Resignation (G), employment contract (G), certificate of delayed payment of wages, notice of dismissal (I), notice of dismissal (K), notice of dismissal (K), notice of dismissal (K), notice of dismissal (L), statement of wages (I), employment contract (L), and others;

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