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(영문) 광주지방법원 순천지원 2015.04.22 2015고단98

근로기준법위반

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant, as the representative of C in the Mayang-si B, is a user who runs the retail business of mobile phone apparatus using two full-time 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay D’s wages of 678,515 won for September 23, 2013, wages of 678,515 won, wages of 741,935 won for October 2013, wages of 933,333 won for November 2013, wages of 1,000,000 won for December 2013, 2014, wages of 935,483 won for January 2014, and wages of 821,428 won for February 2, 2014, without agreement between the parties on the extension of the payment date.

2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the items, calculation method, payment method, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the Labor Standards Act shall be delivered to workers.

Nevertheless, the Defendant entered into a contract with workers D on November 29, 2012, and did not specify in writing working conditions, such as wages, when entering into a contract with workers D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Details of calculation of retirement allowances;

1. Details of deposits;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act (not specifying working conditions).