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(영문) 서울중앙지방법원 2018.08.17 2018고정871

근로기준법위반등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is an employer who employs three full-time workers as the actual manager of Gangnam-gu Seoul Metropolitan Government C and operates the announced personnel business.

1. Violation of the Labor Standards Act;

(a) An employer shall, when concluding a labor contract, deliver to the worker a written document clearly stating wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other matters prescribed by Presidential Decree;

Nevertheless, while concluding a labor contract with D and June 23, 2016 on June 23, 2016, the Defendant did not issue a document that clearly states the method and method of calculating wage items, the fixed working hours, the holidays under Article 55, and the annual paid leave under Article 60.

(b) When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and when he/she fails to give an advance notice at least thirty days, he/she shall pay the ordinary wages for not less than thirty days;

Nevertheless, the defendant did not immediately pay 1,695,140 won of the dismissal allowance corresponding to the 30-day ordinary wage as of March 17, 2017, while the defendant employed workers E who were employed on June 23, 2016 at the above workplace, and did not pay 1,695,140 won on the date of dismissal.

(c)

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurs.

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

Nevertheless, the Defendant is in charge of academic affairs from June 23, 2016 to March 17, 2017, as well as KRW 1,079,860 of retired workers E, in July 2016, and KRW 9,737,120, as shown in the attached table, is within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties to the extension of the payment deadline.