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(영문) 서울중앙지방법원 2019.08.13 2018고단2558

근로기준법위반등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant of the Gangnam-gu Seoul Metropolitan Government Government 2018 Godan2558 is an employer who runs educational service business (Fishinglogical institutes) using ten full-time workers as the representative director of G in the fourth floor of the Seoul F building.

The defendant from July 1, 2017 to the same year

9. Until July 30, 201, wages of KRW 2,00,00 for victimized workers H employed at the above workplace, KRW 2,00,00 for August of the same year, and KRW 1,400,00 for shutdown allowances for closure of September of the same year, and KRW 59,113,774 for the total amount of delayed payment, such as wages and retirement allowances, for the total amount of eight victimized workers, as described in attached Table 1 of the date of each crime, was not paid within 14 days from the date of each party’s retirement without any agreement on the extension of the due date.

The Defendant of the Gangnam-gu Seoul FF building 2018 is the employer who employs ten full-time workers and operates a fish driving school, as the representative director of G, in the fourth floor of the Seoul FF building.

1. An employer who has violated a regular payment obligation shall directly pay the full amount of wages to workers in currency at least once a month on a fixed date;

The Defendant had worked in the pertinent workplace from January 1, 201 to January 1, 2018, and had not paid the amount of KRW 1,886,00 on July 7, 2017, to employees I retired from the said workplace, at the due date set in advance, and had not paid the amount of KRW 54,963,80 as shown in attached Table 2, as shown in attached Table 2.

2. An employer who violates the duty to provide a written statement specifying working conditions shall prepare and deliver to the workers a written statement specifying working conditions, such as the constituent items, calculation method, payment method, prescribed working hours, holidays and annual paid leave, etc. of wages;

On August 21, 2017, the Defendant, when concluding a labor contract with a worker C at the above workplace on August 21, 2017, prepares a labor contract stating working conditions, such as the constituent items, calculation method, payment method, prescribed working hours, holidays, annual paid leave, etc.