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(영문) 서울북부지방법원 2020.04.21 2020고정364

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a C representative in Dongdaemun-gu Seoul Metropolitan Government, who employs one full-time worker and operates a healthcare business.

1. An employer shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., in concluding an employment contract, and shall deliver a written statement to the worker in which the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves are specified;

Nevertheless, the Defendant is working from October 10, 2016 to April 19, 2019 at the above workplace.

When concluding an employment contract with retired workers D, it did not specify and deliver in writing the working conditions such as wages.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from October 10, 2016 to April 19, 2019 at the above workplace.

The retirement allowance of retired workers D was not paid 5,871,437 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

(A) The Defendant asserts that the retirement allowance to be paid by the Defendant is KRW 4,438,317. However, according to the evidence of this case and the purport of the Supreme Court Decision 2011Da23149 Decided July 14, 201, the Defendant’s retirement allowance to be paid by the Defendant is KRW 5,871,437, and the above assertion is rejected).

1. Partial statement of the defendant;

1. Some statements of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written petition of D;

1. Report on the offender's domicile;

1. Application of business registration certificates, details of calculation of retirement allowances to statutes;

1. Article 114 Subparag. 1 of the Labor Standards Act and Article 17(2) of the Labor Standards Act (a point where the labor contract is not prepared) for criminal facts;