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(영문) 서울남부지방법원 2020.08.13 2020고정1012

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a user who has run the Internet Content Development Business using one full-time employee as the former representative director of Yeongdeungpo-gu Seoul Metropolitan Government D Co., Ltd., Ltd.

1. An employer in violation of the Labor Standards Act due to the failure to prepare a labor contract shall, when concluding a labor contract, clearly state the matters concerning working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and deliver to the worker a written statement specifying the items and methods of calculating wages, prescribed working hours, prescribed working hours, holidays, and annual paid leaves

Nevertheless, the Defendant worked from January 7, 2019 to February 10, 2019 and concluded a labor contract with retired workers E, and did not deliver to E a written statement specifying working conditions such as wages.

2. An employer who violates the Labor Standards Act due to non-payment of wages shall, where a worker dies or retires, pay the wages, retirement allowances, or other money or valuables within 14 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 Defendant did not pay the total of KRW 1,225,564 in January 2019 and KRW 1,568,314 in February 3, 2019 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Inquiry into places of business and subsidies;

1. Protocol of postal statement of a witness;

1. Application of the details of confirmation of fact, such as telephone, etc. (93 pages of evidence records), and evidential materials submitted by the petitioner;

1. Relevant Article 109 (1), Article 36 of the Labor Standards Act, Article 114 subparagraph 1, and Article 17 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;