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(영문) 제주지방법원 2020.11.24 2020고정624

근로기준법위반등

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is the actual management owner of C in the 2nd floor in Daegu-gu, Seogu, who was engaged in the wholesale business of machinery and equipment with two full-time workers.

1. An employer who clearly violates the working conditions shall clearly state wages, contractual work hours, holidays referred to in Article 55 (Labor Standards), annual paid leaves referred to in Article 60 (Labor Standards), and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract. In such cases, he/she shall deliver written statements specifying the constituent items, calculation methods, payment method and contractual work hours of wages, holidays referred to in Article 55 and annual paid leaves referred to in Article 60 to workers;

On November 10, 2014, the Defendant employed victims D (year 32) and did not conclude a labor contract and did not specify in writing the statutory working conditions, such as the payment method of wages.

2. When a worker dies or retires, the employer of the violation of money or valuables shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant is working at the same workplace from November 10, 2014 to June 30, 2019.

The retired victim D(36 years of age) did not pay KRW 2,00,000,000 for June 2019 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

3. Where an employer who has violated the payment of retirement allowances retires a worker, he/she shall pay the retirement allowances within 14 days from the date when such cause for payment occurred.

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

The Defendant is working at the same workplace from November 10, 2014 to June 30, 2019.

Retirement allowance of 9,180,189 won during the above service period of the victim D (36 years of age) shall be extended by the date of payment between the parties.