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(영문) 전주지방법원 2019.10.30 2019고정326
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a representative of C in the Jeonsi-gu Seoul Metropolitan City and a joint manager located in B, who is an employer who runs an information and communications business using ten full-time workers.

1. An employer who violates the Labor Standards Act due to unpaid wages shall, in case where the worker dies or retires, pay the wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, in collusion with D, who is a director or joint manager of C, is working in office from December 113, 2017 to January 10, 2018 at the same place of business.

The retired E’s wages of 20,778,677 won, including 669,056 won on December 12, 2017, was not paid within 14 days from each retirement date without any agreement between the parties on the extension of the payment date between the retired workers, as shown in the attached list of crimes.

2. An employer who violates the Labor Standards Act due to unpaid advance notice of dismissal allowances shall, when he intends to dismiss a worker, give such advance notice at least thirty days prior to the dismissal, and when he fails to give such advance notice 30 days prior to the dismissal, shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant, in collusion with the foregoing D, immediately dismissed workers E who were employed in office on December 14, 2017 at the same workplace without prior notice on January 10, 2018, and did not pay 1,700,000 won equivalent to the ordinary wage for 30 days with prior notice of dismissal with prior notice of dismissal in collusion with the above D, and did not immediately pay 3,40,000 won in total of the advance notice of dismissal allowances to two workers as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. Each police statement to E, F, G, H, I, J, and K;

1. Application of the respective Acts and subordinate statutes of E, one other (L), M, and N;

1. Relevant Article of the Criminal Act and each Labor Standards Act concerning the selection of punishment;

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