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(영문) 광주지방법원 목포지원 2016.11.03 2016고단304

근로기준법위반등

Text

1. The defendant shall be punished by imprisonment for eight months and a fine of two million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 304" Defendant substantially operated C engaged in the vessel manufacturing business in Yong-Namnam Cancer D.

1. An employer who violates the Labor Standards Act due to failure to provide a written statement, such as working conditions, shall deliver a written document in which the matters concerning the composition, calculation method, payment method and contractual work hours of wages, holidays and annual paid leave are specified, to the workers when concluding a labor

Nevertheless, when concluding a labor contract with an employee E who was employed on May 1, 2015, the Defendant did not deliver a document stating the matters regarding the constituent items, calculation method, payment method, and contractual work hours of wages, holidays, and annual paid leave, while concluding the labor contract with the said employee on 19 occasions in total, as stated in the detailed statement on the money and valuables in arrears in attached Form C, and did not deliver a document stating the above working conditions.

2. An employer who violates the Labor Standards Act due to non-payment of 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.

The Defendant did not pay 2,864,00 won in total of wages of two workers as stated in the [Attachment C] No. 13 and 14, such as where he/she did not pay a total of KRW 1,200,000 during the above work period of F retired from his/her service from around June 1, 2015 to June 30, 2015.

As a result, the Defendant did not pay wages within 14 days from the date of retirement of a worker without an agreement on extension of payment period between the parties.

The defendant "2016 High-class 609" is a person who has substantially managed the dispute resolution committee, which is a partner company of theG, and the victim H is a management director of the dispute resolution committee.

The defendant, from June to September 2015, received and supplied the ship parts assembly from the G Co., Ltd., and operated the Co., Ltd., and due to the aggravation of the management of the Co., Ltd., the worker's wages 100 million won.

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