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(영문) 서울중앙지방법원 2016.09.29 2016고정1903

근로기준법위반

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

The defendant is the actual manager of Co., Ltd. in the five floors in Gangnam-gu Seoul Metropolitan Government B building, who ordinarily employs nine workers and operates manufacturing and service business.

(a) When concluding an employment contract, the employer shall specify wages, prescribed working hours, holidays, annual paid leaves, and other working conditions as determined by the Presidential Decree to the worker, and shall deliver to the worker a written statement specifying the constituent elements, calculation methods, prescribed working hours, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, when concluding a labor contract with D on January 4, 2016, the Defendant did not deliver to the employee a written statement specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.

(b) 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;

Nevertheless, the defendant was employed on August 11, 2015 in the above workplace and worked on August 24, 2015. The defendant did not pay 42,797,560 won in total, including 3,000,000 won in October 24, 2015 and 1,500,000 won in November 1, 2015, and 42,797,560 won in total, including 9 workers, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement protocol by the police for E;

1. Each petition of D, F, G, H, I, J, K, L, and M;

1. Application of the detailed statement of money and valuables in arrears to statutes;

1. Article 114 subparagraph 1 of the relevant Act, Article 114 and Article 17 (2) of the Act on the Standards for Selective Labor (the point of failure to provide written statements regarding labor conditions), Articles 109 (1), 36 of the Labor Standards Act, and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.