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(영문) 의정부지방법원 고양지원 2017.03.17 2016고정664

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

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 D in Gyeyang-gu Seoul, Gyeyang-gu, who is running a restaurant business using eight full-time workers.

1. An employer who fails to pay the pre-paid allowance for dismissal shall, when he intends to dismiss a worker, do so at least thirty days prior to such dismissal, and when he fails to do so 30 days prior to such dismissal, shall pay the ordinary wages for not less than thirty days; and

Nevertheless, the Defendant did not pay KRW 2,100,000 of the pre-determination allowances for dismissal as of August 19, 2015, without 30 days prior to the worker E who was employed on September 20, 2014.

2. An employer who has not provided labor contracts 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 such labor contracts;

In such cases, a document stating the method and method of calculating the constituent items of wages, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 shall be delivered to workers.

Nevertheless, on January 5, 2015, the Defendant concluded a labor contract with a worker E in the above workplace and did not deliver the contract to the worker F on the same day, even though the Defendant concluded a labor contract with the worker F on the same day.

Summary of Evidence

1. The defendant's partial statement; 1. The witness F and E's each legal statement;

1. Application of Acts and subordinate statutes of each contract for work (No. 11 through 14) ;

1. Article 114 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 114 subparagraph 1 of the Labor Standards Act, Article 17 (2) of the Labor Standards Act (a point of non-delivery of a labor contract), Article 110 subparagraph 1 of the Labor Standards Act, Article 26 of the Labor Standards Act, 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 assertion of the Defendant and the defense counsel.