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(영문) 서울서부지방법원 2020.11.11 2020고정797

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a C representative in Mapo-gu Seoul Metropolitan Government, who runs an indoor building business with seven regular workers.

1. The Defendant’s failure to pay wages and retirement allowances at the above workplace from October 19, 2014 to October 31, 2017

A retired worker D’s total amount of KRW 5,000,000 in wages in September 2017, and KRW 3,000,000 in wages in October 2017 and KRW 8,916,910 in retirement allowances and retirement allowances were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. An employer who fails to pay working conditions in writing shall specify wages, contractual work hours, holidays, etc. to workers when concluding a labor contract, and prepare and deliver in writing matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays, etc. to workers;

Nevertheless, the Defendant did not prepare and deliver to the workers D as prescribed in paragraph (1) a written document specifying the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the accusation, statement of calculation of average wages and retirement allowances, written statement (defendants), statement of comparison (D, A), statement of liquidity transactions (D);

1. Article 109(1), Article 36, Article 114 subparag. 1, and Article 17 of the Labor Standards Act (which means the failure to pay wages), Article 44 subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the failure to pay retirement allowances), and the choice of fines for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutually between wages and retirement allowances payable to the same worker);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;