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(영문) 광주지방법원 목포지원 2019.06.14 2018고정277
근로기준법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a user who operates C, a corporation established for the purpose of building a ship with 30 full-time workers, etc. from Bapo City B, and is the representative director of C, a corporation.

An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves are specified.

Nevertheless, when concluding a labor contract with a worker D on June 10, 2014, the Defendant did not deliver to the employee a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave.

(b) When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he does not do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, the Defendant dismissed D on June 10, 2014 and did not give a 30-day advance notice of dismissal as of November 30, 2015, and did not pay 3,483,600 won of ordinary wages for 30 days with the advance notice of dismissal as of June 10, 2014.

(c) 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 if special circumstances exist.

Nevertheless, the defendant is working until November 30, 2015.

D's wages and business suspension allowances totaling KRW 39,742,475, such as wages 2,932,975, July 7, 2014, shall be from the date of retirement without agreement between the parties on the extension of the due date of payment between the parties, as shown in the attached list of crimes.

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