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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a private borrower who resides in subparagraph c of the building B in Osan-si and runs a transportation business using one full-time worker.
1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;
In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60 shall be delivered to workers.
Nevertheless, the suspect operated his/her own vehicle from March 23, 2015 to August 8, 2018 and concluded a labor contract on March 23, 2015, which is the date of withdrawal D, and did not specify in writing the major working conditions, such as wages, contractual work hours, holidays and annual paid leave.
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
Provided, That this shall not apply where it is impossible to continue business due to natural disasters, accidents, or other unavoidable circumstances, or where a worker intentionally interferes with business or causes damage to property and where it falls under any cause prescribed by Ordinance of the Ministry of Employment and Labor.
Nevertheless, the Defendant immediately dismissed D on August 8, 2018, which operated his/her own vehicle and worked for him/her on March 23, 2015, without the prior notice that “I will have a vehicle in front of the E sales outlet at the time of his/her departure, and will not have a 3,444,976 won equivalent to the ordinary wage for 30 days under the advance notice of dismissal, and was not immediately paid on the date of dismissal.”
3. When a worker dies or retires, the employer shall cause the relevant payment.