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(영문) 대구지방법원 2021.01.20 2020고정1140
근로기준법위반등
Text

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 an employer who operates a construction business by employing seven full-time workers as the actual manager of the credit rating company in Daegu-gu, Seo-gu.

1. When a worker dies or retires, an employer who fails to settle money or valuables shall pay wages, compensations, or other money or valuables within 14 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 150,00,00 as wages between May 1, 2019 and September 2, 2019, and KRW 771,290,00 as wages of October 21, 2019 between five months from around August 1, 2018 to around October 12, 2019, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

2. An employer who has not paid the pre-paid allowance shall, when intending to dismiss the workers, do so at least thirty days prior to such dismissal, and when he does not do so thirty days prior to such dismissal, shall pay the ordinary wages for thirty days or more.

Nevertheless, on October 12, 2019, the Defendant immediately dismissed workers D, without prior notice, and did not immediately pay KRW 1,736,976 corresponding to the amount of ordinary wages for 30 days as the advance notice payment for dismissal.

3. An employer who fails to pay a retirement allowance shall pay a retirement allowance within 14 days from the date on which the grounds for payment occur, in cases where the employee retires.

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

Nevertheless, the Defendant did not pay KRW 3,031,268 of retirement allowances of retired workers D from the said workplace from August 1, 2018 to October 12, 2019 within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. D. D.

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