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(영문) 부산지방법원 2015.04.15 2015고정382

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is an employer who is the representative of Busan Dong-gu C. D., who is a business management officer who ordinarily employs 300 workers and operates a service business (building management).

1. An employer who violates the Labor Standards Act due to non-payment of wages shall, where the worker dies or retires, pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the same place of business around July 2014, had been working from January 8, 2014 to June 19, 2014 and had not paid KRW 170,520 for the two-month wages of retired workers E, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

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

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

Nevertheless, on January 8, 2014, the Defendant did not enter into a labor contract with E at the same workplace and did not deliver in writing working conditions such as wages.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Report on acquisition of each investigation data;

1. Application of Acts and subordinate statutes of employment contracts and written confirmation of distribution;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (which means the non-delivery of an employment contract);

1. The Criminal Act among concurrent crimes.