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(영문) 인천지방법원 2015.10.13 2015고정1525
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative of the Dcafeteria located in the Nam-gu Incheon Metropolitan City, who runs food business using one regular worker.

1. When concluding a labor contract, the accused shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers;

In such cases, matters concerning the calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leave referred to in Article 60 shall be specified in writing and delivered to workers.

Nevertheless, the Defendant entered into an employment contract with E that was employed on August 7, 2012 at the above workplace and did not specify and deliver the working conditions in writing.

2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least 30 days prior to such dismissal, and if he/she fails to give such advance notice by 30 days, he/she shall pay the ordinary wages for not less than

Nevertheless, the Defendant dismissed workers E who worked as the kitchen at the above workplace on July 2013 and did not immediately pay 3,600,000 won for the amount of ordinary wages for 30 days on the date of dismissal, while dismissing workers E who were employed as the kitchen on July 2013.

3. When a worker dies or retires, the employer shall pay the 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 had worked from August 7, 2012 to October 11, 2014 at the above workplace, and had not paid the total of KRW 7,080,000,000 as shown in the attached crime list, including KRW 480,00,00,00 for weekly paid leave allowances, as shown in the attached crime list, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

b)a summary of the evidence;

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