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(영문) 서울남부지방법원 2019.06.12 2019고정277
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual representative of D in Geumcheon-gu Seoul Metropolitan Government building C, who is a user who operates the clothing manufacturing business using ten regular workers.

1. An employer who violates the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the wages, compensations, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from March 4, 2016 to December 8, 2017 at the same place of business and retired from the said place of business, and had not paid KRW 1,791,321 and retirement allowances of KRW 3,167,416 within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date and KRW 1,791,321 and retirement allowances of KRW 3,167,416 in December 2017 as stated in the list of crimes in the attached list of crimes.

2. Violation of the Labor Standards Act.

(a) An employer shall clearly state the matters concerning wages, contractual work hours, holidays under Article 55, annual paid leaves, etc. under Article 60 to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the items of wages, calculation methods, payment method and contractual work hours, holidays, and annual paid leaves;

Nevertheless, on March 4, 2016, the Defendant did not issue a written document specifying matters concerning wages, contractual work hours, holidays, annual paid leave, etc. when concluding the said employment contract with the said E in the said workplace.

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty (30) days, and if he/she fails to give an advance notice at least thirty (30) days, he/she shall pay the ordinary wages for thirty

Nevertheless, on December 8, 2017, the Defendant notified the above E of his dismissal on December 9, 2017, and immediately paid KRW 1,900,000 equivalent to the ordinary wage for 30 days with the advance notice of dismissal as an allowance for dismissal.

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