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(영문) 서울서부지방법원 2018.01.16 2017고단891
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

The Defendant, as the representative of (State) AB in Mapo-gu Seoul Metropolitan Government, runs the business of manufacturing and selling processed food using 120 full time workers from December 31, 2015 to December 31, 2015.

1. Violation of the Labor Standards Act;

(a) When concluding an employment contract, the employer shall specify the terms and conditions of employment, such as wages, prescribed working hours, statutory holidays, annual paid leaves, etc., and shall deliver to the employee a written statement specifying the methods and methods of calculating the constituent elements of the wage, prescribed working hours, statutory holidays and annual paid leaves;

Nevertheless, the Defendant worked from August 1, 2016 to September 24, 2016, and did not deliver a document that specifies the working conditions while entering into a light labor contract with I and retired workers on August 1, 2016.

(b) When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to such dismissal, and when he/she fails to do so prior to such dismissal, he/she shall pay not less than 30 days ordinary wages;

Nevertheless, the defendant dismissed AC who had worked from May 9, 2016 at the above workplace as of June 21, 2016 and did not pay KRW 1,900,000 as of the date of dismissal, even though he did not give notice of dismissal 30 days before the date of dismissal, as of June 21, 2016.

(c)

When a worker dies or retires, he/she shall pay wages, and all other money and valuables within 14 days from the date of his/her retirement, unless the parties have agreed to extend the payment deadline.

Nevertheless, the defendant worked in the above workplace from July 8, 2016 to July 10, 2016, and did not pay 41 workers' wages within 14 days from the date of retirement, such as the daily list of crimes (excluding each year of 9,24, 34, 42, and 44), including 108,540 won of the retired worker AD in July 2016.

2. An employer who violates the Guarantee of Retirement Benefits of Workers shall retire; and

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