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(영문) 수원지방법원 안양지원 2017.05.12 2016고단1697
근로기준법위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a store business operator who sells non- alcohol beverages with the trade name “E” in the Gu building and “E” in Ansan-si, and the victim F is a worker who was employed from January 20, 2014 to March 6, 2016 from the above store; the victim G from March 26, 2015 to March 1, 2016 from the same store; and the victim C from August 10, 2015 to February 22, 2016 from the same store.

1. Violation of the Labor Standards Act;

A. An employer who fails to pay a labor contract shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree, and shall deliver to an employee a written statement specifying the constituent elements of wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves, while the Defendant did not deliver a written statement stating the above matters when he/she employs a worker on January 20, 2014, G around March 26, 2015, and C around August 10, 2016, respectively.

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

Nevertheless, even if the Defendant dismissed the victim C who was employed and continued to work on August 10, 2015 without prior notice on February 22, 2016, the Defendant did not immediately pay KRW 1,097,460 of the ordinary wage for 30 days.

(c)

If a worker dies or retires, an employer who has not paid money or valuables shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the date.

Nevertheless, the Defendant: (i) the Victim F is entitled to either KRW 1,470,40,400 for weekly paid leave allowances in 2014, KRW 461,500 for weekly paid leave allowances in 2015, and KRW 39,000 for weekly paid leave allowances in 2016 within 14 days from March 6, 2016 for retirement.

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