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(영문) 전주지방법원 2017.07.05 2017고정255

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, as the representative director of the corporation D, in the Ya-gun, Jeollabuk-do, is an employer who runs the business of manufacturing disciplinary timber using four workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, who retired from office from September 2016 to October 7, 2016, did not pay KRW 2,184,600, including KRW 1,771,930 in September 2016, and KRW 412,670 in October, without any agreement on the extension of the payment deadline between the parties.

2. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the items constituting the wages, the calculation method, and methods of payment are specified therein to workers;

Nevertheless, when concluding a labor contract with E retired from the above workplace from August 29, 2016 to October 7, 2016, the Defendant did not specify wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree, and did not deliver a document stating matters concerning the method of calculating, paying, and paying wages.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 109(1), Article 36 of the Act on the Standards for Selective Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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