beta
(영문) 인천지방법원 2017.02.02 2016고정3505

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a actual representative of C and is an employer who operates a confection business using one full-time worker in the Gyeyang-gu Incheon Metropolitan City D underground 3-1.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of KRW 378,875 from May 26, 2016 to June 3, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant did not pay KRW 1,266,300 of ordinary wages for 30 days while dismissing E working at the same workplace without prior notice of dismissal on June 3, 2016.

3. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and shall deliver written statements specifying the items constituting the wages, the calculation method, the payment method, the prescribed working hours, the holidays under Article 55, and the annual paid leaves under Article 60 to the worker;

Nevertheless, the defendant did not deliver a document stating the above matters while concluding a labor contract with E on April 4, 2016 at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement by the police against E [the defendant and defense counsel] is unable to pay the pre-determination allowance for dismissal to E while closing down business due to deterioration of management, so the pre-determination allowance for dismissal shall be paid.