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(영문) 춘천지방법원 원주지원 2013.12.11 2013고정252
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of D Co., Ltd. in the original city C and the second floor, who is engaged in a comprehensive construction business by employing 19 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date;

Nevertheless, the suspect has worked from July 15, 201 to July 29, 2012.

The retired E’s wages of KRW 29,00,000,000, as well as the wage of KRW 5,000,000 in March 2012, were not paid respectively within 14 days from the date of retirement without any agreement between the parties on the extension of the payment due date, as shown in the attached list of crimes.

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

Nevertheless, the Defendant sent an official letter on July 15, 201 to E who is employed by the head of the site office on July 25, 201 at the above workplace and dismissed on July 30, 2012, and did not immediately pay KRW 5,000,000 corresponding to the ordinary wage for 30 days as an advance notice of dismissal as an allowance for dismissal on July 30, 2012.

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 according to the agreement between the parties in special circumstances.

Nevertheless, on July 30, 2012, the Defendant did not pay the retirement allowance of KRW 5,108,170 to E, who retired from the said place of business on July 30, 2012, 14 days from the date of retirement without agreement between the parties to the extension

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Part of the prosecutor's protocol of interrogation of the accused.

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