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Reasons
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(영문) 창원지방법원 진주지원 2016.02.17 2015고정416
근로기준법위반등
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of C in Jinju, is the employer who is the main owner of a design business using two full-time workers.

Defendant D, who was employed on July 23, 2013 at the above workplace, was dismissed on February 12, 2015 without a 30-day pre-employment notice, and did not immediately pay KRW 1,916,700 corresponding to the ordinary wage for 30 days under the pre-employment notice payment as part of the pre-employment notice, on the date of dismissal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on a copy of employment contract;

1. Article 110 of the relevant Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Standard Act concerning selective labor, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant’s payment of all advance payment allowances to the victim late later and agreed with the victim; (b) the victim does not want the Defendant’s punishment; and (c) the Defendant does not have any criminal history, the sentence shall be determined as indicated in the Disposition.

Rejection of Public Prosecution

1. The Defendant, as the representative of C in the facts charged, is an employer who runs a design business with two full-time workers at the time of advancement.

A. The Defendant did not pay KRW 1,916,70 of the monthly wage of KRW 1,916,700 of the employee D who retired from office as the dismissal, and KRW 2,548,840 of the monthly wage of KRW 632,140, February 2015 without any agreement between the parties on the extension of the payment deadline, from July 23, 2013 to February 11, 2015, until 14 days have passed from the date on which the cause for payment occurred.

B. The Defendant did not pay KRW 2,655,000 of retirement allowances of workers D who retired due to dismissal to the said workplace from July 23, 2013 to February 11, 2015 without an agreement between the parties on the extension of the payment date.

2. Each part of the judgment.

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