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(영문) 수원지방법원 안양지원 2020.07.24 2019고정637
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 the actual operator of (State) D in subparagraph (B) of the building C at Gunposi, and the user who engages in manufacturing and wholesale business using at least five regular workers.

1. Violation of the Labor Standards Act;

(a) An employer who fails to provide a written statement specifying working conditions shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, 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 specifying the items, calculation methods, and payment method of wages, modified work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 to workers;

Nevertheless, the Defendant did not prepare and deliver to E who worked from August 27, 2014 to December 27, 2018, a document stating the terms and conditions of payment on piece rates in 2017 and 2018.

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

Nevertheless, the Defendant immediately dismissed the above E as of December 27, 2018, and did not give the notice 30 days prior to the 30-day ordinary wages, and did not pay 3,827,751 won to E.

(c) If an employee dies or retires, the employer in arrear of money or valuables shall pay his/her wages, compensations, and 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.

Nevertheless, the Defendant did not pay KRW 2,976,076 of the annual paid leave allowance of the above E within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

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