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(영문) 수원지방법원 안양지원 2018.06.21 2018고단387

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the actual manager of C Co., Ltd., which is located in Goyang-gu building A 406 of Goyang-gu Seoul Metropolitan City B, who runs a construction business using three full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or 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 did not pay 650,000 won, including the total amount of wages of 300,000,000 won in July 28, 2017 from July 2017 to August 6, 2017, and the amount of wages of 350,000 won in August 2017 to 350,000 won in August 2017, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment deadline.

(b) An employer shall, when concluding a contract for labor, specify in writing the terms and conditions of labor, such as the composition, calculation method, and payment method of wages, full-time working hours, weekly holidays, and annual paid leaves;

Nevertheless, the Defendant did not specify in writing the working conditions, such as the method and method of calculating wages items, the hours of paid work, weekly paid leave, annual paid leave, etc., when employed from July 28, 2017 to August 6, 2017, on the E University construction site, etc. in Ansan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 109(1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 114 Subparag. 1, and Article 17 of the Labor Standards Act;

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the unpaid wage has been paid and has no same record.