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(영문) 부산지방법원 동부지원 2020.02.19 2019고단1985

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of Busan Shipping Daegu B and 7th floor, is an employer who is engaged in the sales agency business using more than 30 full time workers.

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

Nevertheless, on December 19, 2015, the Defendant dismissed D and E who had worked in the said workplace as of December 21, 2015 without notice of dismissal, and did not pay the total amount of KRW 5,741,520, and the total amount of KRW 11,483,040 for 30 days’ ordinary wages.

2. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent elements, calculation method, payment method, contractual work hours, holidays and annual paid leaves to workers;

Nevertheless, the Defendant is working at the same workplace from September 4, 2015 to December 20, 2016.

When concluding each employment contract as of September 4, 2015 with retired D, E, and E, it did not clearly state the working conditions such as wages.

Summary of Evidence

1. Defendant's legal statement;

1. The authenticity statement and the statement to D or E;

1. Related judgments / Court rulings, etc.;

1. Each fact-finding certificate;

1. Written Answer / Details of transfer/Sgd.;

1. Details of confirmation of telephone or other facts;

1. Application of Acts and subordinate statutes to report on investigation (to hear a complainant'sD telephone statement);

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter “former Labor Standards Act”) on criminal facts and the selection of punishment, and Article 114 Subparag. 1 and Article 17 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); and Article 114 Subparag. 1 of the former Labor Standards Act clearly state working conditions.