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(영문) 수원지방법원 안양지원 2016.11.25 2016고정534

근로기준법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Korea Agricultural Corporation D, who is located in Guang City C, and is an employer who engages in agricultural products distribution business using three regular workers.

1. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to such dismissal, and when he/she fails to do so thirty days prior to such dismissal, he/she shall pay not less than thirty days ordinary wages;

Nevertheless, on February 1, 2016, the Defendant, who was employed on August 25, 2015 at the above workplace, did not immediately pay KRW 2,870,810 corresponding to the ordinary wage for 30 days when he was dismissed immediately without prior notice, on the ground that “Isn't her fly fly fly fly fly,” but her fly fly fly fly fly fly fly, from our point of view, it is important for us to live in the company.”

2. An employer shall clearly state wages, contractual work 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. In such cases, he/she shall clearly state in writing matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 and deliver them;

Nevertheless, on August 25, 2015, the Defendant did not enter into a labor contract in writing on matters concerning the constituent items, calculation method, payment method of wages, contractual hours, holidays under Article 55, and annual paid leave under Article 60, when entering into a labor contract on August 25, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the Act on the Selection of Criminal Crimes, Article 110 subparagraph 1 of the Labor Standards Act, Article 114 subparagraph 1 of the Labor Standards Act.