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(영문) 청주지방법원 2018.10.17 2018고정490

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 a representative of E in the petition-gu D, 101 Dong 115, who is a user who runs the wholesale and retail business using two full-time workers.

1. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, on April 27, 2018, the Defendant did not immediately pay KRW 1,837,320 on the date of dismissal when the Defendant immediately dismissed F working for the said workplace on January 25, 2018.

2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker at his/her request.

Nevertheless, the defendant in the above workplace from January 25, 2018 to the same year.

4. Until December 26, 200, while entering into an employment contract with FF, it did not specify in writing the working conditions.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of replacement of special judicial police officers with defendants and F;

1. Application of F’s authentic statutes;

1. Article 110 of the relevant Act and Articles 110 subparagraph 1, 26, and 114 subparagraph 1, and 17 of the Labor Standards Act concerning facts constituting an offense, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;