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(영문) 수원지방법원 안산지원 2019.05.09 2019고정13
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is an employer who operates a service company D Co., Ltd. with three full-time workers from the 7th floor of the Bupyeong-gu, Ansan-si.

1. On April 24, 2017, the Defendant violated the issuance of a written employment contract, and the written statement on May 10, 201, to the workers E who were employed in the above company on April 24, 2017, and on May 10, 2017, the Defendant did not deliver each written statement on the constituent elements, holidays

2. Where an employer who has not received the advance notice of dismissal intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and where he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

On September 18, 2017, the Defendant did not make a pre-announcement of dismissal in the above Company B, and on September 22, 2017, in dismissing workers E respectively, the Defendant did not pay 3,175,890 won in total, including 1,680,00 won in advance notice of dismissal and 1,495,890 won in advance of dismissal and 3,175,890 won in advance of dismissal, which correspond to the portion of ordinary wages of 30 days.

3. The Defendant, such as wages, is in arrears at the above workplace from May 10, 201 to September 18, 2017.

The retirement-based E’s total wage of KRW 84,00,000, including wage of KRW 42,000 on May 2017, and wage of KRW 42,00 on June 6, 2017, did not pay KRW 84,000 without justifiable grounds until 14 days have elapsed from the date of retirement, without any agreement between the parties on the extension

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of B and E;

1. Details of the arrangement of working date, details of transactions by each passbook, and application of Acts and subordinate statutes of record;

1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act regarding criminal facts as well as Article 114 subparag. 1 of the pertinent Act regarding the choice of punishment (a failure to provide written statement of working conditions), Article 110 subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Article 109(1) of the former Labor Standards Act.

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