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(영문) 의정부지방법원 2013.11.28 2013고정1814

근로기준법위반등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of D Company C located in both weeks and is an employer who runs a manufacturing business with five regular workers.

1. Violation of the Labor Standards Act;

A. The Defendant was working in the foregoing workplace, from December 1, 201 to December 7, 2012, and did not pay the amount of KRW 536,62, annual paid leave allowances, annual paid leave allowances, 613,328, annual paid leave allowances, 643,99, and KRW 1,793,989, which is the date of the occurrence of the cause for payment, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment.

(b) An employer who has not paid the advance notice of dismissal shall give the advance notice of dismissal at least 30 days before the dismissal, and if the advance notice has not been given 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, the Defendant was dismissed on December 1, 201 from the above workplace without a prior notice on December 5, 201, and immediately paid KRW 2,300,000 corresponding to the ordinary wage for 30 days on the date of dismissal.

(c) When an employer enters into an employment contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to the workers and shall deliver a written statement in which such matters are specified to the workers;

Nevertheless, the Defendant did not clearly state the above matters in writing while entering into a labor contract on December 1, 201 with E and December 1, 201.

2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act was serving in the said company, from December 1, 201 to December 7, 2012, and did not pay KRW 2,324,582 of the retirement allowances retired from office within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

1. The defendant;