근로자퇴직급여보장법위반등
Punishment on the accused shall be determined by a fine of 2.5 million won.
If the defendant does not pay the above fine, 100,000.
Punishment of the crime
The defendant is a user who runs a cargo transport business by using one full-time worker in the trade name of Jeonan-gun C from Jeonan-gun.
1. Where a worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurred, unless the parties agree on the extension of the due date, in special circumstances; and
Nevertheless, from June 3, 2014 to December 22, 2015, the Defendant worked as a cargo driver at the pertinent workplace, and did not pay KRW 1,794,203 out of the retirement allowances of E retired from the said workplace within 14 days from the date of retirement without an agreement on the extension of the due date.
2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and when he/she dismisses the worker without giving such advance notice thirty days prior to the dismissal, he/she shall pay not less than thirty days ordinary wages;
Nevertheless, from June 3, 2014 to December 22, 2015, the Defendant dismissed workers E who worked as a cargo vehicle driver at the same workplace without prior notice, and did not immediately pay 2.8 million won advance notice of dismissal for the amount of 30 days of ordinary wages.
3. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract;
Nevertheless, from June 3, 2014 to December 22, 2015, the Defendant concluded a labor contract with E, who worked as a cargo driver at the pertinent workplace, and did not state in writing matters concerning the composition of wages, calculation method, payment method, contractual hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60 of the same Act, and annual paid leave under Article 60 of the same Act.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of E;
1. The statement of the defendant and E (in the face of 16 pages) 1.