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(영문) 수원지방법원 2019.01.11 2018고정1201
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant, as the D representative director of the corporation, which is located in Suwon-si B Building C, is an employer who runs a service business using six full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, from December 4, 2017 to February 13, 2018, the Defendant did not pay KRW 650,115 within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, including the total of KRW 303,850 in December 2017, KRW 275,685 in January 2018, and KRW 70,850 in February 2018.

(b) When intending to dismiss a worker, the worker shall give the notice of dismissal at least 30 days prior to such dismissal, and when the worker fails to give the notice thirty days prior to such dismissal, the ordinary wages for thirty days or more shall be paid; and

Nevertheless, on February 13, 2018, the Defendant dismissed workers E and the Defendant without a prior notice that “I can work in E, I can see whether you can work in E, and immediately present it,” and did not immediately pay KRW 1,296,000 corresponding to ordinary wage for 30 days as an advance notice of dismissal on the date of dismissal.

(c) An employer shall, when concluding a labor contract, specify the wages, contractual work hours, holidays, annual paid leaves, and other working conditions as determined by the Presidential Decree to the workers, and shall deliver to the workers a written statement specifying the items of wages, calculation method and payment method, contractual work hours, holidays and annual paid leaves.

Nevertheless, the Defendant concluded a labor contract on December 4, 2017 with E in the above workplace and concluded it on December 4, 2017.

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