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(영문) 인천지방법원 2018.08.17 2018고정1694
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a C representative in the Nam-gu Incheon Metropolitan City, who is a full-time worker and operates a physical training facility service business using two full-time workers.

1. 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 prior to thirty days, he/she shall pay not less than thirty days ordinary wages;

Nevertheless, the Defendant had worked from February 7, 2017.

D On November 16, 2017, “The head of a health care center shall enter the Corporation until November 18, 2017, and shall be from November 19, 2017 to Madi, Madi,” and the notice of dismissal was given 30 days before the date of dismissal or the notice of dismissal was issued 970,500 won for the amount of 30 days’ ordinary wage was not immediately paid on November 18, 2017, which is the date of dismissal.”

2. 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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay D’s wages of 537,010 won in November 27, 2017, and weekly holiday allowances of 1,196,950 won (161,750 won in March 1, 2017, April 129,400, 161,750 won in May 161, 129,400 won in June, 129,400, July 129,750 won in July, 129, July 129, 750, August 161, 161,750 won in August, 201, September 129, 400, 129, 129,400 won in October, 400, 64,700 won in November 64, 197) within 14 days without agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D’s authenticity and written statements;

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201; hereinafter the same shall apply), each of the options of fines for criminal facts;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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