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(영문) 서울중앙지방법원 2020.11.17 2020고정1634
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant, as the C representative director of Gangnam-gu Seoul Metropolitan Government, is a user who ordinarily employs four workers and operates a beera-car business.

1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the items of wages, calculation methods, payment methods, contractual work hours, holidays, and matters pertaining to annual paid leaves to workers;

The Defendant had been working in the said workplace from August 27, 2018 to June 13, 2019, and concluded a fixed employment contract with D workers who retired from office on November 2018, and did not specify the above working conditions, and did not deliver the specified documents to workers.

2. When a worker retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

The Defendant was working in the foregoing workplace from August 27, 2018 to June 13, 2019, and did not pay KRW 928,200,00 to retired workers D in June 2019 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

3. When an employer dismisses a worker, he/she shall give the worker an advance notice at least thirty days prior to the dismissal, and if the employer fails to give such advance notice thirty days prior to the dismissal, he/she shall pay the ordinary wages of thirty days;

The Defendant was in the foregoing workplace from August 27, 2018 to June 13, 2019 and did not pre-determination of dismissal 30 days before dismissal, and did not pay KRW 1,952,160 of ordinary wages for 30 days with the pre-determination of dismissal allowances.

Summary of Evidence

1. Partial statement of the defendant;

1. On D of the police suspect interrogation protocol against the defendant.

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