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(영문) 서울동부지방법원 2017.09.22 2017고정1050
근로기준법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is the third representative director of the Gangnam-gu Seoul Metropolitan Government, who is located in the first basement of the Gangnam-gu, and operates a physical training service business using 15 full-time workers.

(a) Violation of the Labor Standards Act (1) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days, and if he/she fails to give an advance notice at least 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, workers D did not pay the total of KRW 4,800,000,000, which is the ordinary wage of 30 days while immediately dismissing workers D without a prior notice on January 16, 2017, including KRW 1,10,000, which is the ordinary wage of 30 days, as shown in the list of crimes in the attached Form.

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

Nevertheless, the Defendant did not pay the total of KRW 11,672,496 of wages of five workers within 14 days from the date of each retirement without any agreement between the parties on the extension of payment deadline, as shown in the list of crimes in attached Table, as well as KRW 1,490,600 of wages of December 2, 2016 of retired workers D, working from the said workplace from November 2, 2015 to January 16, 2017.

(b) An employer who violates the Act on Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 9,612,625, respectively, within 14 days from the date of each retirement without agreement between the parties to the extension of payment deadline, as stated in the list of crimes attached hereto, as well as KRW 2,463,38, retired workers D retirement pay of KRW 2,463,38, who were employed in the above workplace from November 2, 2015 to January 16, 2017.

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