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(영문) 의정부지방법원 2020.11.05 2020고정1067

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, as a representative of the C in medical city B and the second floor, is an employer who employs two full-time workers and operates food-raising business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the above workplace from November 22, 2019 to February 4, 2020, did not pay the total of KRW 6,986,902 to two retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as stated in the attached crime list, including KRW 1,127,765 on December 2, 2019.

2. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant, at the above workplace from November 22, 2019 to February 4, 2020, did not respectively deliver to the employees a written statement on which matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 are stated, while entering into an oral employment contract on November 5, 2019 with D, E, and E.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of each petitioner filed by the police against D;

1. E’s written petition;

1. Details of closure of the Messen;

1. The confirmation of telephone, etc. (No. 15) and the law shall apply 1.