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(영문) 인천지방법원 부천지원 2019.05.23 2018고단2214
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a user who runs a construction business with five regular workers as the C representative director of a corporation with the second floor of B building in Bupyeong-si.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if he/she fails to give such advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, the Defendant dismissed D on May 4, 2018, and did not pay KRW 1,833,333 of the dismissal allowance, while dismissing D who was employed from April 16, 2018 at the above workplace.

2. When a worker retires, the employer shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the above workplace from March 5, 2018 to May 23, 2018, and retired E’s wages of 616,000 won on May 5, 2018 and did not pay 18,622,458 won in total for six retired workers within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date for payment.

3. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant worked from April 5, 2017 to May 21, 2018 at the above workplace and did not pay the F's retirement allowance of KRW 2,227,668 within 14 days from the date of occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D, G, H, and F;

1. Application of Acts and subordinate statutes of E and I;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the Labor Standards Act, and Article 109 (1) and Article 36 of the Labor Standards Act, the prosecutor shall submit the facts charged in the indictment to the public prosecutor.

subsection (b) of this subsection.

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