logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2019.10.30 2019고정431
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Busan Shipping Daegu B, 6th C and D, and is the employer who is engaged in educational service business with four regular workers.

1. Violation of the Labor Standards Act;

(a) An employer who fails to prepare a modified employment contract shall specify 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 concluding the employment contract;

In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave shall be delivered to workers.

The same shall apply where each of the above matters is modified after concluding a labor contract.

Nevertheless, on August 27, 2018, the Defendant did not issue the F labor contract in writing, specifying the elements of wages, calculation method, payment method, contractual work hours, holidays, leave, etc., when changing the F labor contract from February 13, 2017 to the said workplace as an English instructor.

(b) When an employer who has not received advance notice of dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he did not do so 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, the Defendant dismissed G as an English instructor from June 1, 2017 to October 31, 2018, and did not pay KRW 1,950,000,000, which is equivalent to the ordinary wages for 30 days, while dismissing G as of October 31, 2018. From February 13, 2017 to October 31, 2018, F, who worked as an English instructor, was dismissed as of October 31, 2018, did not pay KRW 1,40,000, which is equivalent to the ordinary wages for 30 days.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

arrow