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(영문) 의정부지방법원 2020.10.29 2020고정724

근로기준법위반

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

However, the execution of the above fine for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of the sports average B hotel, and is an employer who runs a service business using at least one regular worker.

1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract;

In such cases, the employer shall deliver a document specifying the matters concerning the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave to the worker.

Nevertheless, when concluding an employment contract with C who worked from July 8, 2019 to September 29, 2019, and D who worked from July 8, 2019 to September 4, 2019 respectively, the Defendant did not state a written statement on the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

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

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

Nevertheless, the Defendant did not pay the sum of KRW 3,83,00,00 on September 8, 2019 of C’s work hours from July 8, 2019 to September 29, 2019, and KRW 3,833,00,00 on September 4, 2019 of D’s work hours from July 8, 2019 to September 4, 2019, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

Part of Defendant’s Court Statement

1. Each written complaint filed by a witness E and F, each legal statement, and each written complaint;

1. The police interrogation protocol of the accused in the protocol of statement C;

1. The Defendant, the reported statement against the Defendant, included the part concerning the initial operation of the hotel building in the existing contract, as well as the new construction of the hotel building.