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(영문) 서울서부지방법원 2020.09.22 2020고정693
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who employs three full-time workers as a representative of C in the first floor of Mapo-gu Seoul Metropolitan Government building B and operates a coffee specialty store.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from October 5, 2015 to July 31, 2019 at the same place of business, and had not paid KRW 300,000 of D's wages on July 7, 2019, even though there was no agreement on the extension of the payment date, within 14 days from the date of retirement.

2. An employer shall, when he/she intends to dismiss (including dismissal for managerial reasons), dismiss a worker at least thirty days prior to such dismissal, and shall pay the ordinary wages for not less than thirty days if he/she did not give prior notice thereof thirty days prior to such dismissal.

Nevertheless, the Defendant was dismissed on July 31, 2019, and did not immediately pay KRW 2,123,760 on the date of dismissal, even though he did not give 30 days advance notice while dismissing D who were employed on October 5, 2015 at the above workplace.

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant is working from October 5, 2015 to July 31, 2019 at the above workplace.

7,857,177 of retirement allowances of retired D did not pay 7,857,177 won within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D from May 2019 to May 2019

7. Benefit ledger;

1. Application of the Acts and subordinate statutes to the calculation of retirement allowances;

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