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(영문) 광주지방법원 순천지원 2019.06.26 2018고단581

근로기준법위반등

Text

A defendant shall be punished by imprisonment for six months and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On June 14, 2017, the Defendant was sentenced to five months of imprisonment for embezzlement and two years of suspended execution at the Gwangju District Court, and this judgment became final and conclusive on June 22, 2017.

On February 13, 2018, the Defendant was sentenced to seven months of imprisonment with prison labor for a violation of the Labor Standards Act, etc. in the Gwangju District Court’s Netcheon Branch on May 3, 2018.

[2018 Highest 581] The Defendant is a person who has been engaged in the business of manufacturing hot water sets with ten full-time employees in the actual operator of E in Jeoncheon-si D in Jeoncheon-si.

1. An employer who violates the Labor Standards Act due to unpaid wages shall, where the worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

except that if there are special circumstances, the date may be extended by an agreement between the parties.

The Defendant did not pay KRW 431,927 of the F working from July 27, 2015 to December 12, 2015 (hereinafter referred to as “F”), the wage of KRW 2,546,531 of November 2015, and the wage of KRW 133,111,71 of December 2015, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

B. The Defendant did not pay KRW 1,80,000 paid monthly wages of October 2015, and KRW 2,349,000 paid monthly wages of December 2015, and KRW 4,537,000 paid monthly wages of December 2015, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

2. An employer who violates the Labor Standards Act due to failure to prepare a labor contract and failure to grant such contract shall clearly state the working conditions as determined by the Ordinance of the Labor Standards Act, such as wages and prescribed working hours, in concluding the labor contract, and shall specify in writing the matters concerning the constituent items, etc. of wages and deliver them to

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