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(영문) 광주지방법원 2019.07.10 2019고정175

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a representative director of the limited liability company C in Seo-gu, Gwangju, who runs transportation business using 30 full-time workers.

1. An employer shall specify working conditions, such as wages and contractual work hours, in concluding an employment contract, to the workers, and deliver the written statement specifying such matters to the workers;

Nevertheless, on April 11, 2015, the Defendant concluded a labor contract on the work of bus drivers with D around April 1, 2015, and did not deliver to the said D a document specifying wages and contractual work hours, but did not specify wages and contractual work hours to the said E when concluding a labor contract on the transportation of police officers to a shuttle bus at the E and F workplace on February 6, 2018.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, on February 7, 2018, the defendant has worked as a driver at the above workplace.

The retired E's wage of KRW 100,000 has not been paid within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Part of the police statement concerning E;

1. An investigation report (the “G” out of the name of evidence Nos. 26 of the E evidence list No. 26 is a clerical error in the E. Hearing of statements).

1. Application of Acts and subordinate statutes to employment contracts (Evidence requested by the defendant);

1. Article 114 Subparag. 1 and Article 17 of the Labor Standards Act regarding criminal facts as well as the choice of punishment (which means the failure to provide a written statement of the working conditions and the employment conditions). The former Labor Standards Act was amended by Act No. 15108, Nov. 28, 2017.