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(영문) 수원지방법원 성남지원 2014.10.08 2014고단409

근로기준법위반

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is an actual manager of the E Hospital located in Gwangju City, and a person who provides medical services using 12 full-time workers.

1. An employer shall pay all money and valuables, such as wages, unless there exists an agreement between the parties to the extension of the due date for payment, and within fourteen days after the cause of retirement of the worker occurred;

The Defendant did not pay 19,743,675 won in total for 10 workers within 14 days from the date of retirement without agreement between the parties on the extension of the due date of payment between the parties, as stated in the attached crime list, as well as KRW 13,019,743,675 in total, 10 workers, as stated in the attached crime list, from February 1, 2013 to July 3, 2013, when the Defendant worked from February 1, 2013 to July 3, 2013.

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 did not pay KRW 3,50,000 for advance notice of dismissal as well as KRW 8,038,462 for three advance notice of dismissal, as described in the attached Table of Crimes, when dismissing G who worked from January 21, 2013 at the above workplace on September 9, 2013.

3. When an employer concludes a labor contract, he/she shall deliver workers with a written document specifying wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree;

Nevertheless, the Defendant, while employing H on June 19, 2012, did not clearly state in writing the working conditions such as wages, working hours, etc., and did not provide in writing the terms and conditions of employment such as wages, working hours, etc. on the date of employment specified in the attached list of crimes committed in the attached Table, and did not specify in writing the working conditions such as F, I, J,K, G

Summary of Evidence

1. Partial statement of the defendant;

1. A witness J or G's legal statement;

1. Statement of the police statement of F, N,O, H, and M;

1. Each petition is presented by the defendant.