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(영문) 서울중앙지방법원 2017.05.23 2017고정553

근로기준법위반

Text

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

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 a C representative in Gangnam-gu Seoul, who is a user who runs software development business using three full-time workers.

1. 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 did not pay the D's wages of 887,090 won in August 11, 2016, which had worked from January 16, 2016 to August 11, 2016 at the above workplace, within 14 days from the date of retirement, without an agreement between the parties on the extension of the payment deadline.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, on August 11, 2016, the defendant dismissed workers D who were employed on January 16, 2016 at the above workplace without prior notice, and did not immediately pay 2,870,810 won equivalent to the amount of ordinary wages for 30 days with the advance notice payment for dismissal.

3. When concluding a labor contract, an employer shall clearly state the working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and shall deliver to the worker a written statement specifying the items constituting the wages, methods of calculating and paying the prescribed working hours, prescribed working hours, holidays and annual paid leaves;

Nevertheless, the defendant did not deliver to D a document stating the items of wages, calculation method, payment method, prescribed working hours, holidays and annual paid leave when concluding a labor contract with D on January 16, 2016 with D workers at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1.Each petition of D. D. 1.