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(영문) 부산지방법원 동부지원 2016.12.12 2015고정655
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

The defendant is a business owner who actually runs the Korean restaurant business under the trade name of a D cafeteria with six full-time workers in the Nam-gu Busan Metropolitan City. A.

When a worker retires or dies, the employer shall pay the retirement allowance within 14 days from the date when the cause for payment occurs.

Provided, That the date may be extended by mutual agreement between the parties if there are special circumstances.

Nevertheless, from January 30, 2009 to May 15, 2014, the Defendant did not pay KRW 12,921,362 of E’s retirement pay to workers who worked as the head office in the workplace, within 14 days from the date of retirement without agreement between the parties to the extension of the due date;

(b) When a worker retires or dies, the employer shall pay wages, compensations, 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 if there are special circumstances.

Nevertheless, from January 30, 2009 to May 15, 2014, the Defendant did not pay the annual leave allowances of 518,400 won in 201, annual leave allowances of 549,600 won in 2012, annual leave allowances of 583,200 won in 2013, annual leave allowances of 625,200 won in 2,276,40 won in 200 from the date of retirement without agreement between the parties to the extension of the due date; and

C. When an employer intends to dismiss a worker (including dismissal for business reasons), he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and even if he/she did not give an advance notice 30 days prior to the dismissal, he/she did not pay an advance notice of dismissal allowance of KRW 1,250,400 on May 16, 2014 without the 30 days prior notice period, while he/she was employed on January 30, 200 and worked as the main agent, despite the fact that he/she did not pay an advance notice of more than 30 days.

Summary of Evidence

1. Witnesses E, F, G.

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