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(영문) 의정부지방법원 2013.08.29 2013고정316
근로기준법위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, as the representative of “D” located in C (hereinafter “instant workplace”) at both weeks, is an employer who runs metal trust and processing business using one full-time employee. A.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree.

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

Nevertheless, the defendant is working in the workplace of this case.

On June 21, 201, a retired employee E and June 21, 201, did not specify matters concerning the composition items, calculation method, payment method, contractual work hours, etc. of wages when concluding a labor contract.

(b) When an employer intends to dismiss a worker, he shall give the worker an advance notice thirty days at least, and if the employer fails to give such advance notice thirty days, he shall pay the ordinary wages for thirty days or more;

Nevertheless, the Defendant immediately dismissed 2,50,000 won equivalent to 30 days of ordinary wage, which is the pre-announcement of dismissal, as text messages, as of December 26, 2011, to E, who is employed on June 21, 2011 at the instant workplace, and is employed in business as of December 26, 201, as of December 13:39, 201, without a prior notice, and did not immediately pay 2,50,000 won equivalent to 30 days of ordinary wage, which is the pre-announcement of dismissal, on the date of dismissal.

2. The following facts or circumstances acknowledged by the evidence duly adopted and examined in this court as to whether the judgment E provided the Defendant with labor in a subordinate relationship with the purpose of wage at the instant workplace, namely, the Defendant on June 16, 201.

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