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(영문) 서울남부지방법원 2021.01.22 2020고정1642
근로기준법위반
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 representative director of the KUyangyang-gun D and the KUyang-gun located in the second floor, who runs the air transport business by employing more than 80 workers at all times.

1. When a worker dies or retires, the employer of the violation of money or valuables shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant had been in charge of crew duties from May 17, 2019 to February 29, 2020, and the Defendant did not pay KRW 800,000 for the retirement of September 2019 on the following day, wages of KRW 2,00,000 for October 2019, wages of KRW 2,046,660 for November 2019, and annual allowances of KRW 2,10,000 for December 2019, and annual allowances of KRW 562,60 for 562,60 for each retirement day without agreement between the Parties on the extension of the payment date.

2. When a business shuts down due to the cause attributable to the employer who has violated the shutdown allowance, the employer shall pay the business shuts down not less than 70 percent of average wages to the business shuts down; and

Nevertheless, the Defendant did not pay KRW 1,470,000 for the business suspension allowance for January 2020, which is equivalent to 70/100 of the average wage, even though the Defendant suspended business from business due to business difficulties from January 1, 2020 to February 29, 2020 with respect to F retired on the following day from the above workplace, from May 17, 2019 to February 29, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A labor contract, a statement of wages, and details of transactions;

1. Application of statutes governing certified copies of corporate registers;

1. Article 109(1), Article 36 of the Act on the Standards of Preliminary Labor for Criminal Facts, Articles 109(1), 109(1), and 46 of the Labor Standards Act (the point of a failure to liquidate gold and the choice of fines), Articles 109(1), and 46 of the same Act;

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