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(영문) 창원지방법원 2019.05.31 2019고정127

근로기준법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of C in Yangsan-si, who employs 15 full-time workers, and operates an advertising agency.

1. An employer who has not paid wages shall, if a worker dies or retires, pay the wages, retirement allowances, compensation, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant is in charge of the sales promotion of apartment units from May 8, 2018 to June 11, 2018, in the office of selling apartment units from the second floor F apartment unit in Kimhae-si, Kimhae-si to the above office of business.

A retired worker G is in charge of the affairs of selling apartment units on a daily basis from July 14, 2018 to August 13, 2018, and from June 18 of the same year, the total of KRW 180,000,000, and KRW 1,500,000, and KRW 1,500,000,00 of wages in June of the same year.

On July 2018, H’s total wage of KRW 2,185,00,00, including the wage of KRW 685,000, was not paid within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date.

2. An employer who violates the obligation to specify working conditions shall deliver to the workers a written document specifying the items, calculation method and payment method of wages, prescribed working hours, holidays and annual paid leave when concluding a labor contract;

Nevertheless, the Defendant, from July 13, 2018 to August 14, 2018, is in charge of promoting apartment sale in a daily-use manner.

On July 16, 2018, when concluding a labor contract with the retired worker I, there was no written delivery stating the composition items, calculation method and payment method of wages, prescribed working hours, holidays, and annual paid leave.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of G, I and H’s authentic statements and written statements;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act (a violation of the duty to specify working conditions).