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(영문) 수원지방법원 2019.02.11 2018고정1083
근로기준법위반
Text

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 the C representative director of the Co., Ltd., which is located in B, and is the employer who ordinarily employs 50 or more workers and operates plastic electrical boxes manufacturing business.

1. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages for thirty days or more;

However, on January 14, 2018, the Defendant: (a) notified an employee D who was employed and worked in office on December 18, 2017 at the above workplace, of his dismissal without a prior notice of dismissal, and immediately did not pay KRW 2,500,000 equivalent to the ordinary wage for 30 days as an advance notice of dismissal on the date of dismissal, by sending it to E message at around 13:00 on January 14, 2018.

2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the items, calculation method, payment method, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the Labor Standards Act shall be delivered to workers.

However, on December 18, 2017, the Defendant did not specify in writing working conditions, such as wages, when concluding a labor contract with workers D at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The Defendant asserts that it is not a worker who is entitled to advance notice of dismissal because D is a training worker.

However, when employing D, it is clearly stated that the employment notice does not have a probation period, and there is a number of employees in the employment notice.

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