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(영문) 서울동부지방법원 2018.12.11 2018고정1059

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the user who employs one full-time worker as the representative of the unit C of the building in Gwangjin-gu Seoul Special Metropolitan City (ju) in Seoul Special Metropolitan City and operates a building material distribution business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 2,104,440 within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, including KRW 1,573,770 in January 1, 2018, KRW 1,573,770 in February 2018, and KRW 456,90 in March 2018.

2. An employer shall clearly state wages, working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the items constituting the wages, the calculation method, the payment method, the prescribed working hours, the holidays under Article 55, and the annual paid leaves under Article 60 to such workers;

Nevertheless, while concluding a labor contract with E retired from office from October 10, 2017 to March 19, 2018, the Defendant did not deliver to the employees a written document specifying the items of wages, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the fact that punishment is not permissible);

1. Article 109(1), Article 36 of the Act on the Standards of Optional Labor for Criminal Facts, and Article 114 subparag. 1 of the Labor Standards Act.