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(영문) 대구지방법원 2018.04.27 2017고정1739

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is an employer who runs textile manufacturing business using 13 full-time workers under the trade name of “D” in Yongcheon-si.

1. Violation of the Labor Standards Act;

(a) An employer in violation of the Labor Standards Act due to the failure to provide a labor contract shall specify working conditions, such as wages, working hours, holidays and annual paid leaves, etc., to the worker when concluding the labor contract, and shall deliver written statements to the worker in which the items and methods of calculating wages, methods and methods of payment, working hours, holidays, annual paid leaves, etc. of the organization of the wages are specified;

Nevertheless, on September 21, 2012, the Defendant concluded a labor contract with a worker E on September 21, 2012, and did not deliver to the said E a written document specifying the working conditions such as wages.

(b) If a worker dies or retires from office, the employer in arrear of wages shall pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 3,513,834, total annual allowances from September 21, 2012 to September 21, 2012 to March 31, 2017 to his/her production worker from September 21, 2012 to September 20, 2016 without an agreement between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the defendant employed as a production worker from September 21, 2012 to March 31, 2017 and did not pay KRW 7,698,903 of the retirement allowances of E retired workers on April 1, 2017 within 14 days from the date of retirement without an agreement between the parties.

1. Partial statement of the defendant;

1. Partial testimony of witness F;

1. Three times;