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(영문) 부산지방법원 2019.05.16 2018고정1819
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs restaurant business with three full time workers under the trade name of “D” in Busan Dong-gu B building C.

1. When concluding an employment contract, an employer shall clearly state in writing matters concerning wages, working hours, holidays, annual paid leave, place of employment, work to be performed, etc. and deliver them to the worker;

Nevertheless, the defendant from January 8, 2018 to the same year in the above workplace.

1. Neither Party E that served until 23., nor Party F that served from November 1, 2017 to January 31, 2018, and each Party F that concluded an employment contract at the same workplace, did not clearly state in writing the matters regarding wages, working hours, holidays, annual paid leave, place of employment, etc. when concluding the employment contract at the same workplace.

2. When a worker dies or retires, the employer shall pay the wages, retirement allowances, and all 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, the defendant from January 8, 2018 to the same year in the above workplace.

1. E’s wage of KRW 1,280,100 has not been paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

3. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and if he/she fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for thirty days or more;

Nevertheless, around January 31, 2018, the Defendant dismissed workers F with no time limit of 30 days or more at the same place of business and dismissed workers G without a time limit of 30 days or more, and did not pay 3,000,000,000 won, which is the ordinary wage of 30 days or more at the same place of business on January 24, 2018, while dismissing workers G without a time limit of 30 days or more at the same place of business.

(i) the evidence;

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