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(영문) 춘천지방법원 강릉지원 2016.06.23 2016고정115
근로기준법위반등
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, as the representative of Gangnam-si C located in Gangnam-si, employed three full-time workers and operated construction machinery rental business.

1. An employer who has not paid pre-paid allowances shall, when he/she intends to dismiss a worker, do so at least 30 days prior to the dismissal, and where he/she has not given such prior notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for

Nevertheless, the Defendant, who had worked from March 10, 2014 to June 30, 2015, did not give 30 days’ advance notice or pay 30 days’ ordinary wages.

2. An employer who has not prepared a labor contract shall prepare a labor contract specifying wages, prescribed working hours, holidays, annual paid leaves, and other working conditions as prescribed by the Presidential Decree, when he employs a worker;

Nevertheless, the defendant employed D on March 10, 2014, and did not prepare a work contract clearly stating the working conditions in writing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 110, 26, and 117 (2) of the Labor Standards Act concerning the payment of unpaid allowances for dismissal and fines), and Articles 114 and 117 (2) of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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