beta
(영문) 전주지방법원 2014.09.26 2014고정188

근로기준법위반등

Text

Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of Kujin-gu, Seoul, who is engaged in wholesale and retail business with two full-time workers.

1. Violation of the Labor Standards Act

(a) An employer that violates the prohibition of violence shall not do violence to a worker for the occurrence of an accident or for any other reason;

Nevertheless, on January 2, 2008, the defendant assaulted the victim E (the age of 46) on the ground that the fire occurred at the above workplace due to the time in which the fire occurred.

(b) An employer shall, when entering into an employment contract, prepare a written statement specifying matters concerning working conditions, such as the constituent elements, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc., and deliver it to the worker;

Nevertheless, the Defendant, from June 25, 1992, concluded a labor contract with E working in the above workplace from around June 25, 1992, and did not prepare and deliver the above labor contract document.

(c) When a worker dies or retires, an employer payable wages shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total of KRW 1,324,793 as of May 25, 2012, which he/she worked from June 25, 1992 to June 25, 2012 at the above workplace, and KRW 1,324,793 as of June 26, 2012, without the agreement of the parties to the extension of the payment deadline.

2. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires a worker, he/she shall pay a retirement allowance within fourteen days from the date when the cause for such payment occurred;

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

Nevertheless, the Defendant is a party with respect to the extension of the payment date of retirement allowances of 801,920 won, who worked from June 25, 1992 to June 25, 2012 at the above workplace.