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Defendant shall be punished by a fine of KRW 800,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is a user who is engaged in beauty and beauty business in the name of the “C” in Suwon-si, Suwon-si B.
1. Where an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to the dismissal, and where he/she fails to give such advance notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30
On May 2017, the Defendant dismissed workers D without prior notice, and did not pay KRW 1,500,000 for the part of ordinary wages for 30 days.
2. 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.
Defendant Company did not pay KRW 3,506,076, total sum of KRW 1,352,230 in July 1, 2017 to E, who retired workers from the said workplace from around August 1, 2016 to August 31, 2017, and KRW 3,506,076 in August 2017, without agreement between the parties to the extension of payment date.
3. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Defendant Company did not pay KRW 2,132,00 of retirement pay to E within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, to the employees E who retired from the said workplace from around August 1, 2016 to August 31, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made to D or A;
1. A written petition;
1. Application of statutes to a free employment contract, a detailed statement of arrears, average wages, and a written calculation of retirement allowances;
1. Article 110 subparag. 1, Article 26 of the Labor Standards Act for Criminal Facts (the fact that the advance notice of dismissal is not paid) and Article 110 subparag. 1, and Article 26 of the same Act, respectively.