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(영문) 대구지방법원경주지원 2020.12.10 2020고단697
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, violation of the Guarantee of Workers' Retirement Benefits Act.

Reasons

Punishment of the crime

From April 20, 2010 to March 24, 2020, the Defendant is an employer who runs a service business (private teaching institute) by employing two full-time workers as the representative of C Teaching Institutes located in the Si of racing-si.

1. An employer who has not paid the advance notice of dismissal shall, when intending to dismiss the workers, do so at least thirty days prior to such dismissal, and when he does not do so thirty days prior to such dismissal, shall pay the ordinary wages for thirty days or more; and

Nevertheless, at around 16:25 on March 17, 2020, the Defendant sent to D workers who were employed as instructors from the above workplace on January 7, 2019, 1,141,245 won equivalent to the ordinary wage for 30 days as an advance notice of dismissal without prior notice of dismissal, after sending Stockholm to D using a cell phone Kakao Kao App on March 17, 2020, and immediately dismissing them with D.

2. An employer who fails to prepare a labor contract shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding the labor contract, and shall deliver written statements specifying the items and methods of calculating wages, methods of payment, contractual work hours, holidays and annual paid leaves to workers;

Nevertheless, the Defendant is working from January 7, 2019 to March 17, 2020 at the above workplace.

On January 7, 2019, when concluding a labor contract with D and retired workers, there was no written document stating matters concerning the composition items, calculation method, payment method, contractual work hours, holidays and annual paid leave.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 110 subparag. 1 of the Labor Standards Act, Article 26 of the Act on the Selection of Punishment, Article 114 subparag. 1 of the Labor Standards Act, Article 114 subparag. 1 and Article 17 of the Labor Standards Act (which means the failure to provide a written statement of working conditions), and the selection of each fine.

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