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(영문) 인천지방법원부천지원 2020.11.26 2018고단1568

근로기준법위반등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are co-representative D located in Bupyeong-si C and employers who run the liquid accounting industry using 200 full-time workers.

1. Violation of the Labor Standards Act;

(a) When an employer concludes a labor contract, he/she shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements specifying the items of wages, calculation methods and payment methods, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 to the workers;

Nevertheless, the Defendants concluded a labor contract with 29 retired workers, such as E, who worked from November 5, 2012 to August 20, 2017 at the said workplace, and did not issue to the employees a written document stating the items of wages, calculation method, payment method, contractual work hours, holidays under Article 5, and annual paid leave under Article 60.

(b) 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendants did not pay 35,210,620 won, including E’s annual paid leave allowance of 379,120 won, which worked from November 5, 2012 to August 20, 2017 at the said workplace, within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties, as described in attached Table 1, as well as 379,120 won.

(c) An employer shall not allow workers to work in excess of forty hours a week, excluding hours of recess, and work in excess of eight hours a day.