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(영문) 서울남부지방법원 2017.09.22 2017고정637

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. of Yeongdeungpo-gu Seoul Metropolitan Government 3rd floor C, who is a full-time employee and runs the debt collection business by using two full-time employees.

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That if there are special circumstances, the date may be extended by the agreement of the parties.

Nevertheless, the defendant employed in the above workplace from February 15, 2016 to July 29, 2016 and did not pay KRW 1.5 million of the retired worker E's wages in July 2016 within 14 days from the date of the retirement, which is the date of the occurrence of the reasons for payment, without the agreement between the parties on the extension of the payment deadline.

(b) If an employer violating the duty of advance notice of dismissal intends to dismiss a worker, he shall give the advance notice at least 30 days prior to the dismissal, and if he did not give the advance notice thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, on July 29, 2016, the Defendant works only up to 19:00 on the ground that “I will come up with us and go up to us.”

“The dismissal did not give an advance notice of dismissal 30 days prior to the dismissal, and 1.5 million won equivalent to the amount of ordinary wages for 30 days due to the advance notice of dismissal was not immediately paid on the date of dismissal.

(c)

An employer, such as non-delivery of a labor contract, shall specify the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to workers when concluding a labor contract, and deliver a written document stating the composition of wages, the calculation method and payment method of wages, prescribed working hours, holidays, annual paid leaves, etc. to the workers.

Nevertheless, the defendant worked in the above workplace from February 15, 2016 to July 29, 2016 and concluded an employment contract with E that retired, and did not deliver a document specifying wages, etc.

Summary of Evidence

1. Legal statement of witness E;

1. E’s written complaint, petition, and petition;