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(영문) 서울서부지방법원 2017.06.23 2016고정1542

근로기준법위반

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The Defendant is the representative director of Yongsan-gu Seoul Metropolitan Government “C” and is an employer who runs indoor tech fishery business using four full-time workers.

1. When concluding a labor contract with D on April 5, 2016, E on May 2, 2016, and F on April 8, 2016, the Defendant did not specify working conditions, such as issuing a document stating matters concerning wage constituent items, method of calculating wages, prescribed working hours, holidays and annual paid leaves, etc.

2. The Defendant did not pay KRW 14,053,789, total amount of wages of 7 workers on May 2016, 2016, within 14 days from each retirement date on which the relevant grounds for payment occurred, as shown in the list of crimes in the attached Table, as well as KRW 3,629,032 of D, retired as working from April 5, 2016 to May 25, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each petition of H, I, J, and K;

1. Application of Acts and subordinate statutes concerning specifications of labor costs;

1. Relevant Article of the Act concerning facts constituting an offense, and Articles 114 subparagraph 1, 17, and 109 (1), and 36 of the Labor Standards Act concerning the selection of punishment (when working conditions are unclear), respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.