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(영문) 대전지방법원 천안지원 2019.10.29 2019고정200
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the representative of C Council members (hereinafter referred to as “instant Council members”) located in the 2nd floor of the building in the south-gu, Dong-gu, Dong-gu, Seoul, is an employer who operates a health business by using six regular workers.

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

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

Nevertheless, the Defendant did not pay KRW 1,475,00,00 for the total amount of wages of 250,000,000 working for D from December 9, 2017 to December 11, 2017 at the same place of business, as indicated in the list of crimes in the attached Table, to 1,475,00,00 from the date of his/her retirement, without any agreement on the extension of the due date between the parties.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other inevitable circumstances, or where any worker intentionally interferes with business or causes property damage and falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.

Nevertheless, on December 13, 2017, the Defendant immediately dismissed six employees, including D, etc., on the ground of the closure of business on December 13, 2017, and entered D’s 30-day ordinary wage of KRW 2,500,000 in the attached list of crimes: Provided, That each entry in the “work period” column in the attached list of crimes in the attached list of crimes shall be corrected to read “from December 9, 2017 to December 11, 2017”.

As such, 14,750,000 won was not paid for 30-day ordinary wages of 6 workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Acts and subordinate statutes governing the urgency and the reply;

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