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(영문) 대구지방법원 김천지원 2019.07.17 2018고단316

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd. located in Gumi-si B, etc. and is an employer who runs a manufacturing business with ten full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer who fails to conclude a labor contract in writing shall specify the working conditions as determined by the Labor Standards Act, such as wages and the prescribed working period, and shall deliver the written document specifying the above matters to the workers;

Nevertheless, the Defendant concluded a labor contract with workers D, E, F, G, H, I, J, K, and L employed from June 11, 2012 to June 16, 2017, and did not deliver a document specifying working conditions.

(b) Where a worker dies or retires, the employer unpaid the wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties.

Nevertheless, the Defendant did not pay the total amount of wages of G workers who worked from December 1, 2016 to January 14, 2017, including the total amount of wages of 2,419,354 won, from June 1, 2015 to December 21, 2016, the total amount of wages of 7,150,536 won from November 1, 2016 to December 21, 2016, and the total amount of wages of 7,150,536 won, from October 12, 2015 to December 9, 2016, from October 12, 2016 to December 14, 2016 to December 14, 2017; from October 14, 2016 to December 14, 2017; and from March 1, 2017 to December 14, 2017.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant was employed as described in Paragraph 1(b), and was employed by the employee I as retirement allowance of KRW 11,243,296, and the employee G.