beta
(영문) 대구지방법원 2017.06.14 2017고정500

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 the representative of D in Daegu Dong-gu C, who is an employer who carries on educational services by using workers.

1. An employer who has not paid wages shall, if the employee dies or retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from March 28, 2016 to October 13, 2016, the Defendant worked as a driver at the place of business of the above Defendant, and did not pay KRW 523,636,636 in total, including wages of KRW 286,363 in October 2016, and of KRW 237,273 in the name of the reserve for retirement, within 14 days after the cause for the payment thereof occurred.

2. When an employer intends to dismiss a worker, he/she shall do so at least thirty days prior to the dismissal, and when he/she fails to do so thirty days prior to the dismissal, he/she shall pay the ordinary wages of thirty days.

Nevertheless, on October 13, 2016, the Defendant dismissed workers E at the above Defendant’s workplace without giving 30 days’ prior notice, and did not pay 900,000 won for dismissal allowances, which are ordinary wages of 30 days’ ordinary wages.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. The defendant and his defense counsel asserts that the contract, salary specifications, vehicle time table, details of passbooks, business registration certificate, notification of dismissal of contractual position, notification of dismissal of contracting position, guidance of salary of retired from contracting position, and each letter [the defendant and his defense counsel asserts that the act of the worker E to the above student of the above teaching school constitutes a ground for the worker's obligation, which is an exception to

According to the voice recorded in the voice recording USB, it is recognized that workers E told to the effect that “A worker E shall be aware of Ma, Ma, Ma, and Ma at the latest, Ma, Ma, and Ma at the latest,” “A worker E shall be aware of the fact.”

However, the above circumstances alone indicate that “other intentional interference or damage to property is caused to the business intentionally under the social norms.”

recognized.