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(영문) 의정부지방법원 2018.11.29 2018고정1335

근로기준법위반등

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the C Party Head of Gu, who is in his own city B, and is an employer who operates a party head by employing one full-time worker.

1. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract;

In such cases, the items and methods of calculating wages, methods of payment, prescribed working hours, holidays and annual paid leave shall be specified in writing and delivered to workers.

Nevertheless, the Defendant did not deliver in writing the items of wage constituent, calculation method, payment method, prescribed working hours, holidays and annual paid leave when concluding a labor contract with D having worked from November 12, 2017 to February 18, 2018.

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

Nevertheless, the Defendant would not immediately dismiss D, who worked from November 12, 2017 to February 18, 2018 at the above workplace, as “I need to consider” without the prior notice on February 18, 2018, while immediately dismissing 406,620 won of the pre-determination allowance for dismissal on the date of dismissal.

3. An employer shall pay workers subject to the minimum wage amount not less than the minimum wage determined and announced annually by the Minister of Labor; and

Nevertheless, the Defendant paid D wages at the above workplace from November 12, 2017 to February 18, 2018, and paid wages below the minimum wage during the above service period, and the Defendant did not pay 78,700 won difference below the minimum wage, such as the list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A truth-finding statement;

1. The application of laws and subordinate statutes of material to be submitted.