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(영문) 수원지방법원 2014.06.11 2013고정3621

근로기준법위반등

Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who is a manager of D's office located in C at the time of harmony, and is an employer who runs a household waste collection business using four full-time workers.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, a document stating the matters concerning the composition, calculation method and payment method of wages, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be delivered to workers.

Nevertheless, the Defendant did not specify in writing the major working conditions, such as wages, prescribed working hours, holidays, and annual paid leave, when concluding a labor contract on December 1, 201 with E working in the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Each section of the public action under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. The Defendant in this part of the facts charged is a person who is a manager of D’s room located in C in the period of harmony and runs a household waste collection business using four full-time workers.

The Defendant is working in the foregoing workplace from December 1, 201 to May 25, 2013.

The retirement E’s total amount of KRW 4,516,120, including the wage of April 2013, the wage of KRW 2,500,000, and the wage of May 2, 2013, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

B. The Defendant is working in the above business entity from December 1, 201 to May 25, 2013.

Retirement pay 2,386,00 won of retirement pay of retired E was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. This part of the facts charged is assessed.