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(영문) 창원지방법원 통영지원 2020.04.29 2019고단1397

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

The defendant, as a business operator and employer of C, who is located in Gangseo-gu Busan Metropolitan City, has operated the manufacturing business by using 40 full-time workers at the business place of E, which is located in macro-si D.

1. Where an employer who has violated the Labor Standards Act due to a violation of obligation to liquidate money or valuables dies or retires of the worker, the employer shall pay wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working in contact with the above workplace from June 25, 2019 to July 22, 2019.

In June 2019, F’s 884,00 won for retired workers and 2,873,000 won for wage in July 2019 and 2,873,000 won for the total wages of 26 victimized workers, such as the list of crimes (1) of the attached Table, did not pay 98,64,839 won for the total wages of 26 victimized workers within 14 days from the date of retirement without any agreement on extension of the due date between the respective parties.

2. An employer who violates the Labor Standards Act due to the failure to prepare and deliver a labor contract shall specify working conditions, such as wages, contractual work hours, holidays, etc., in concluding the labor contract, and shall deliver the workers with a document specifying working conditions, such as the constituent items, calculation method, payment method, contractual work hours, and holidays;

Nevertheless, the Defendant entered into a labor contract with F on June 25, 2019 at the above workplace and did not prepare a written labor contract with F and the above working conditions, as shown in the attached Table (2) between May 27, 2019 and July 12, 2019, as well as between May 27, 2019 and July 12, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each complaint;

1. Application of workplace information collection Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 114 of the Labor Standards Act concerning the selection of punishment (which means an unpaid wage and a fine).