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(영문) 인천지방법원 2017.09.21 2017고정173

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 900,000.

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

Reasons

Punishment of the crime

The Defendant, as the representative of “Co., Ltd. E” in Seo-gu Incheon, is an employer who runs a service business using 18 full-time workers.

1. An employer who violates the Labor Standards Act relating to the grant of recess hours shall grant not less than 30 minutes if the working hours are four hours, and a recess of not less than one hour if the working hours are eight hours;

Nevertheless, even though the Defendant worked from August 18, 2014 to November 30, 2015, and had retired FF work for eight hours a day, the Defendant did not know that he/she had worked for eight hours or more during working hours.

2. Where an employer who violates the Labor Standards Act related to wages, etc. dies or retires of the employee, the employer shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant had worked from August 18, 2014 to November 30, 2015 at the same place of business and had retired F from the said place of business paid the total of KRW 7,197,113, and annual leave allowances of KRW 401,760, respectively, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall, if the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 721,332 in the balance of retirement pay to FF, as described in Paragraph 2., within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The protocol of the police statement with regard to G.