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(영문) 부산지방법원 2018.08.22 2018고정596

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the actual representative of the Dispute Resolution Co., Ltd. in Busan Dong-gu, and is the user who operates the service business (hump) and the lodging business using five to six full-time workers.

1. An employer shall clearly state wages, fixed working hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding or changing a labor contract, and shall deliver written statements specifying the constituent elements, methods of calculation, methods of payment, small working hours, holidays, and annual paid leaves to workers;

Nevertheless, the Defendant did not deliver to the said workplace in writing, specifying the working conditions, such as wages, while entering into an employment contract with D workers who were employed from April 27, 2016 to January 6, 2017.

2. 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 occurred;

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

Nevertheless, the Defendant worked in the said workplace from April 17, 2016 to January 6, 2017, and paid 8,498,492 won in total and annual allowances of 385,920 won, as stated in the attached Form of Money and Valuables in Arrears, to retired workers D, as well as 385,92 won in the attached Form of Money and Valuables in arrears, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment between the parties, without any agreement on the extension of the payment date.

3. When an employer intends to dismiss a worker (including dismissal for managerial reasons), he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and where he/she fails to give such advance notice 30 days prior to such dismissal, he/she shall pay not less than 30 days ordinary wages.

Nevertheless, the defendant's employee D who is employed on April 27, 2016 at the above workplace without prior notice. < Amended by Act No. 14470, Apr. 27, 2017>