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(영문) 수원지방법원 안양지원 2021.01.14 2020고정363

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 representative of the D, who is the representative of the B building C, and is an employer who runs a service business (unuse) by using three full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the amount of KRW 184,00 on September 17, 2018 to September 16, 2018 within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days in advance, and if he/she fails to give such advance notice 30 days in advance, he/she shall pay the ordinary wages for not less

Nevertheless, on September 17, 201, the suspect was dismissed on September 10, 201 from the place of business of the above workplace and worked as the Hague designer, and on September 10, 2019, the suspect did not immediately pay KRW 2,004,000 equivalent to the amount of ordinary wages for 30 days in advance of dismissal with the advance notice payment for 30 days in advance of dismissal.

(c)

An employer shall clearly state wages, fixed working hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the items constituting wages, calculation methods, payment methods, prescribed working hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, the Defendant entered into a labor contract with E from September 17, 2018 to September 16, 2019 and entered into a labor contract on September 17, 2018, and the items constituting wages, calculation method, payment method, and method of payment.