logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.03.10 2016고정250
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, as a representative of the “Dpenta” in Chungcheongnam-gun C, is an employer who runs accommodation business with one full-time employee employed.

1. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements specifying the items constituting the wages, the calculation method, and methods of payment, prescribed working hours, holidays and annual paid leaves to the workers;

Nevertheless, the Defendant did not deliver to the employee a document stating matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays and annual paid leave when concluding a work contract with E working at the above workplace on March 30, 2016.

2. Where an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and where he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for

Nevertheless, on April 11, 2016, the Defendant did not immediately pay KRW 1,500,000 corresponding to the ordinary wage for 30 days in advance of dismissal with the worker E who was employed on March 30, 2016 at the above workplace without prior notice of dismissal on April 11, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement made by each respondent in part of the protocol;

1. Recording records of conversations between the author and the suspect, and the application of Acts and subordinate statutes of receipts;

1. Article 114 subparagraph 1 of the relevant Act concerning facts constituting an offense, Articles 114 and 17 of the Labor Standards Act (a violation of the duty to specify working conditions, etc.), Articles 110 subparagraph 1 and 26 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;

arrow