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(영문) 서울남부지방법원 2014.06.02 2013고정571
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the actual manager of C Co., Ltd. located in Geumcheon-gu Seoul Metropolitan Government, who employs 16 full-time workers and operates a private teaching institute business;

1. If a worker dies or retires, the employer shall be employed at the workplace concerned even though he/she pays wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Without agreement between the parties on the extension of the due date, wages of three workers and other total 11,427,682 won, including the wages of 2,200,000 won in May 23, 2012 of D, retired on June 23, 2012, shall not be paid within 14 days from each retirement date without any agreement between the parties on the extension of the due date;

2. If an employer intends to dismiss a worker, he/she shall make the advance notice at least 30 days prior to the dismissal, and if he/she fails to make the advance notice 30 days prior to the dismissal, he/she shall pay D ordinary wages for at least 30 days at the same workplace, despite the fact that he/she has been employed on January 3, 201 at the same workplace as a new instructor on June 21, 201, and therefore, he/she does not pay 2,200,000 ordinary wages for 30 days at the time of dismissal as of June 22, 2012;

3. If an employee retires, the employer shall pay the retirement allowance within fourteen (14) days after the cause for such payment occurred.

A. Working in the above workplace

8,505,910 won, including retirement allowances of D on June 23, 2012, including three,191,316 won in arrears, including three,50 won in arrears, shall not be paid within 14 days from the date of each retirement without any agreement between the parties on extension of the due date;

B. From July 6, 2009 to August 26, 2011, the said workplace shall work.

The retirement pay of KRW 1,474,725, which is part of the retirement pay of the retired E, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1.F and written statements of G.

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