logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.11 2019고정536
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual manager of D Co., Ltd., in Geumcheon-gu Seoul Metropolitan Government, who runs the regular manufacture and sale of rice with four regular workers.

1. An employer who violates the duty to specify working conditions or to deliver a written employment contract shall deliver the worker a written document specifying the composition items, calculation method, payment method, contractual work hours, holidays, paid leave, etc. when concluding the employment contract;

Nevertheless, while concluding an employment contract with workers E, F, G, or H from April 9, 2018 to May 10, 2018, the Defendant did not issue workers with a document specifying the composition items, calculation method, payment method, contractual work hours, holidays, paid leave, etc. of wages.

2. When a worker dies or retires, an employer who has violated his/her obligation to liquidate money or valuables shall pay wages, compensations, and other money or valuables within fourteen 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 is working in the workplace from April 9, 2018 to June 7, 2018.

The retirement E’s total wage of KRW 5,060,184, including the total wage of KRW 5,060,184, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

3. If an employer violating the duty of pre-announcement of dismissal intends to dismiss a worker, he shall make the pre-announcement at least thirty days prior to the dismissal, and if he fails to make the pre-announcement thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, the Defendant dismissed workers E, F, G, and H on June 7, 2018 without giving 30 days’ prior notice and dismissed them, and as indicated in the attached list of crimes, KRW 7,900,000 in total, which are ordinary wages of at least 30 days for 4 workers, as indicated in the attached list of crimes.

arrow