근로기준법위반
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
(b) did not pay within 14 days from the date of retirement without any agreement;
Summary of Evidence
1. Legal statement of witness E;
1. Partial statement of the witness F;
1. A written petition;
1. A written contract of annual salary;
1. Details of the unpaid amount;
1. Application of Acts and subordinate statutes on records of benefits;
1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor for Criminal Facts and Articles 109 (Selection of Punishment) of the same Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Grounds for conviction under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order;
1. The following facts are acknowledged according to the evidence presented prior to the facts found.
A. A. Around March 10, 2008, E entered into a labor contract (hereinafter “instant labor contract”) with the Defendant Company D (hereinafter “D”) whose representative is the Defendant via the Defendant, and began work as D’s two branches from March 20, 2008.
2. Contract term: The annual salary contract amount on March 10, 2008 - March 9, 2009: 100,000,000 won (one hundred million won per day)* the annual salary contract amount shall include the amount including the basic salary, bonuses, and retirement allowances;
4. The annual salary, payment method and monthly salary shall be paid ±13 months, and the retirement allowance shall be calculated by adjusting the retirement allowance by one-month in the last month of a contract, and shall be paid at the rate of two months along with the amount adjusted for the retirement;
5. Monthly payment: 7,700,000 won ( Liberl million won)* The last monthly payment is 7,600,000 won, and the last monthly payment is 15,300,000 won, including retirement allowances; and
B. The main content of the instant labor contract (referred to as the “annual salary contract” as “the title of this case”) signed on March 20, 2008 between E and D is as follows (Evidence No. 47 pages of evidence records).
E and D did not prepare a separate labor contract in addition to the instant labor contract even after they became due on March 9, 2009, the contract term stipulated in the instant labor contract, and E continued to work as D’s employee under the understanding of D as seen below.
(d)
D The instant case is for E, from March 2008 to July 2012.