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(영문) 의정부지방법원 2017.10.19 2016고정2249

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. An employer who fails to pay an advance notice of dismissal shall, when he/she intends to dismiss (including dismissal due to managerial reasons), give the advance notice of dismissal at least 30 days, and where he/she has not given such advance notice of dismissal 30 days, he/she shall pay the ordinary wages for at least 30 days;

Provided, That this shall not apply where it is impossible to continue the business due to a natural disaster or other unavoidable cause, or where the worker intentionally interferes with the business or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.

Nevertheless, although the Defendant dismissed D, without prior notice, working in the foregoing workplace from January 4, 2016 to March 6, 2016, the Defendant did not pay KRW 1,447,200 of the advance notice of dismissal to D, even though the business was discontinued or the employees did not intentionally cause substantial trouble or damage to property.

2. An employer who fails to prepare a labor contract shall deliver the worker a written document specifying the matters concerning the method of calculating the constituent items of wages and the method of paying wages, hours of small work, holidays and annual paid leaves when concluding the labor contract;

Nevertheless, the Defendant did not deliver to the employees a written statement on the method of calculating wage items, the current working hours of the workplace, the number of paid leaves on holidays, the number of paid leaves on a holiday, the number of paid leaves at the same workplace as C, which had worked in the workplace from January 9, 2016 to March 23, 2016, and D, which had worked in the workplace from January 4, 2016 to March 6, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Written petition for DNA preparation, inquiry into the history of each insured worker, inquiry into the status of each employment insurance business, business registration certificate, details of failure to prepare a labor contract, and each employment contract;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

1. Article 110 of the relevant Act on criminal facts, and Article 110 of the Standard of Optional Labor Standards Act;