logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2017.11.14 2017고정320
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 a business owner who runs food service business by using three full-time workers as the representative of D office in Changwon-si M&S C, Changwon-si.

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

Provided, That this shall not apply to cases where it is impossible to continue the business due to natural disasters, accidents, or other unavoidable circumstances, or where the worker intentionally interferes with the business or causes property damage and falls under the grounds prescribed by Ordinance of the Ministry of Labor.

Nevertheless, the defendant had worked as the main assistant from November 17, 2016 at the above workplace.

E did not make a 30-day advance notice while dismissing E, and did not pay 1,500,000 won in advance notice of dismissal as soon as it was dismissed on December 12, 2016.

From November 21, 2016, the Defendant had been working in nidozer.

F The F did not give a 30-day advance notice while dismissing, and did not pay 2,166,660 won in advance of dismissal as soon as it was dismissed on December 12, 2016.

The Defendant was working as a sponsor from November 23, 2016.

G did not give a 30-day advance notice while dismissing G, and did not pay 1,989,990 won in advance of dismissal as soon as it was dismissed on December 1, 2016.

2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 are specified;

Nevertheless, the defendant is paid by entering into a labor contract with E, F, and G with which he had worked as above.

arrow