logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.09.15 2019고단8326
근로기준법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal history room (the prosecutor revoked the prosecution on August 13, 2020 with respect to the case of violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, and the case of violation of the Act on the Guarantee of Workers' Retirement Benefits.) The defendant is the operator of Seo-gu Hospital in Incheon, and the employer who conducts medical business using 40 full-time workers.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, an employer who violates his/her obligation to liquidate money or valuables shall pay wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor to the said workplace from July 3, 2015 to August 31, 2019 and did not pay KRW 8,454,110 on August 8, 2019 to retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties.

On August 13, 2020, with respect to the violation of the Labor Standards Act concerning G and E (attached Form 3, 5) for workers who were originally prosecuted, the prosecutor revoked the public prosecution and decided to dismiss the prosecution on the same day.

(b) If an employer who has not received advance notice of dismissal intends to dismiss a worker, he shall give the advance notice at least 30 days prior to dismissal, and if he did not give the advance notice at least 30 days, he shall pay the ordinary wages for not less than 30 days

Nevertheless, the Defendant, who was employed on August 10, 2017, did not immediately pay KRW 2,351,750 as of the date of dismissal, in the manner of dismissing E, without setting the pre-announcement period of dismissal for 30 days, by stating that E is expected to be closed as of August 20, 2019 to be going until the end of August, 2019.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the defendant is above from June 15, 2015 to May 20, 2019.

arrow