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(영문) 수원지방법원 2018.05.02 2017고단7358

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months and a fine of five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is an employer who operates a household manufacturer by employing ten full-time workers under the trade name of “(State) D” in the G in eternic City.

1. The Defendant violated the Labor Standards Act following the delay in payment of money, valuables, and retirement allowances, and the Labor Standards Act, and the Labor Standards Act (hereinafter “Labor Standards Act”) and the Labor Standards Act (hereinafter “Labor Standards Act”) and the Labor Standards Act (hereinafter “Labor Standards Act”) were employed from May 1, 2016 to June 15, 2017 at the above workplace, and the Defendant did not pay the retirement allowances of KRW 18,396,50, and retirement allowances of KRW 3,573,405, and the total amount of wages and retirement allowances of KRW 33,350,863, respectively, within 14 days from the retirement without agreement to extend the payment deadline

2. An employer who violates the Labor Standards Act due to a violation of an obligation to specify working conditions shall enter into an employment contract with the worker specifying the matters such as wages, prescribed working hours, etc., and shall deliver the worker a written statement in which the constituent items, methods and methods of calculating wages, small working hours, etc. are specified;

Nevertheless, on April 24, 2017, the Defendant did not clearly state in writing matters concerning the constituent elements, etc. of wages when concluding a labor contract with F in the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition of F, E, and G preparation;

1. Application of Acts and subordinate statutes to the verification certificate and confirmation certificate on arrears of wages;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts; Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which refers to unpaid retirement benefits); Article 114 Subparag. 1 and 17 of the Labor Standards Act (which refers to a violation of the duty to specify working conditions);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with labor for the remaining crimes except for the violation of the Labor Standards Act due to a violation of an obligation to specify the conditions of selective labor;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 of the Criminal Act: