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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The Defendant, “2016 Highest 1474,” in the instant charges, is an actual operator of “E Co., Ltd.” located in Ulsan-si, Nam-gu, Ulsan-si, and was employed by 25 full-time employees to engage in the dispatch business of workers.
The Defendant, while working in the said workplace from October 1, 2014 to September 30, 2015, did not pay KRW 1,729,492 of F retired on September 9, 2015, and KRW 1,691,90 of retirement pay to 25 workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period, and did not pay KRW 74,090,31 of the wages and retirement pay to 25 workers within 14 days from the date of retirement, respectively.
If an employer of the 2016 Highest 3517 intends to dismiss a worker, he/she shall give a prior notice at least 30 days prior to dismissal, and if he/she fails to give a prior notice at least 30 days prior to dismissal, he/she shall pay the ordinary wage for at least 30 days
Nevertheless, the Defendant, affiliated with E on October 12, 2015, has worked in G (State) in a dispatched place of business.
H Without giving prior notice of dismissal, the ordinary wage of 30 days has not been paid to H while dismissing him.
2. The crime of violation of Article 109(1) of the Labor Standards Act is established at the expiration of 14 days from the date on which the cause for payment occurred. As such, if a business owner is a juristic person, the representative with the authority to pay wages, etc. at the time when the said 14 days elapses shall be held liable for the crime of infertility (see, e.g., Supreme Court Decision 2009Do7722, May 27, 2010). The term "employer" in the above Act means a business owner or a person with the authority to pay wages, etc. on behalf of the business owner, or a person who acts on behalf of the business owner with respect to matters relating to workers. Here, the term "person who acts on behalf of the business owner" refers to a person who acts on behalf of the business owner.