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(영문) 창원지방법원 밀양지원 2017.10.19 2016고정83

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who operates a manufacturing business of atmospheric environment facilities and equipment with seven full-time workers, as the representative director of the CC in Sshyang City B.

1. Violation of the Labor Standards Act;

(a) Where an employee dies or retires, an employer unpaid, such as weekly leave allowances, shall pay him/her wages and all other money or valuables within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment deadline;

Nevertheless, the Defendant did not pay KRW 14,706,734 in total, including weekly paid leave allowances, from January 26, 2012 to July 31, 2015, to July 2015, 8,220,000, weekly paid leave allowances from July 2012 to August 2014, 2014, and paid KRW 2,493,753, weekly paid leave allowances from July 2012 to August 2014, and paid KRW 687,973,973, annual paid leave allowances from July 2013 to July 2015.

(b) An employer who has violated the duty to specify in writing the working conditions shall specify in writing wages, prescribed working hours, holidays, paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract.

Nevertheless, on January 26, 2012, the Defendant did not specify in writing the working conditions while entering into a labor contract with D at the above workplace.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless there exists any agreement on extension of the payment period between the parties concerned.

Nevertheless, on July 31, 2015, the Defendant did not pay KRW 1,095,164 to retired workers D's retirement pay in the same workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Details on the calculation of the weekly paid leave allowances, Saturday additional allowances, and holiday work additional allowances;

1. Details on the calculation of the unpaid paid leave allowances;

1. Application of the Acts and subordinate statutes to the retirement allowance assessment statement;