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(영문) 대구지방법원 2013.11.20 2013고정2332
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 400,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative C in Si, Si, Gyeongsan and is an employer who runs a clothing sales business using one full-time worker.

1. When a worker dies or retires, the employer of money or valuables shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant is working in the above workplace.

On December 16, 2012, a worker D who retired from office on September 18, 201, each of the wages of 62,080 won from October 201 to December 201, each of the wages of 132,020 won in January 2012, and wages of 108,440 won in arrears, including the wages of 132,020 won in February 201, and wages of 108,440 won in February 2012, did not pay 445,320 won in arrears and retirement allowances of 530,630 won in September 14, 201.

2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and if an employer fails to do so prior to the thirty days prior to the dismissal, he shall pay the ordinary wages for thirty days or more.

Nevertheless, the Defendant did not pay KRW 1,200,000 for an advance notice of dismissal for 30 days of ordinary wage while dismissing D workers who worked as an employee of the clothing sales unit on September 22, 2011 at the same workplace without prior notice on December 16, 2012.

3. An employer who fails to specify working conditions shall clearly state the working conditions, such as wages, contractual work hours, holidays, and annual paid leave, in concluding an employment contract;

In such cases, matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays and annual paid leave shall be specified in writing and delivered to the relevant worker at the request of the worker.

Nevertheless, the Defendant concluded a labor contract on September 22, 201 with the worker D who worked as the employee for clothing sales at the above workplace, and on September 22, 201, matters concerning the composition of wages, calculation method, prescribed working hours, holidays, and annual paid leave.

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