logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.07.23 2020고정505
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant, as the representative of the Dispute Resolution Co., Ltd. in Yangju-si, is an employer who runs the business of manufacturing rice excreta, employing 12 full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other matters concerning working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the items of wages, calculation methods, payment methods, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the Labor Standards Act to workers;

Nevertheless, the Defendant is working from July 24, 2019 to November 9, 2019 at the above workplace.

When concluding a labor contract with a retired D, he/she did not deliver to D a document specifying the matters on the composition items, calculation method and payment method of wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the Labor Standards Act.

2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and

Nevertheless, the Defendant dismissed D, which had worked from July 24, 2019 at the above workplace without prior notice on November 9, 2019, and did not pay KRW 2,004,000 for the advance notice of dismissal.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing D's written statements;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act on criminal facts, Articles 114 subparagraph 1, and 17 of the Labor Standards Act (in cases of failure to provide written statements specifying the working conditions), Article 110 subparagraph 1, and Article 26 of the Labor Standards Act (in cases of failure

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

arrow