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(영문) 청주지방법원 영동지원 2015.07.02 2015고정5

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who has been awarded a contract for a major soil area without business registration or a separate trade name and operates a housing site development business with two full-time workers at the site of housing site development located in Macheon-gun C.

1. When a worker dies or retires, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the construction site above, has worked as miscellaneously from April 21, 2014 to May 22, 2014.

D's retired D's wages of 840,000 won in April 2014, wage of 720,000 won in May 2014, and work as miscellaneous from April 21, 2014 to April 24, 2014.

The retirement E's total amount of KRW 1,960,000 in April 2014 was not paid for 14 days after the date of retirement without agreement between the parties concerned.

2. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract;

In such cases, a document stating the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays and annual paid leave shall be delivered to the worker.

Nevertheless, the Defendant did not deliver a document stating the method of calculating wages, contractual work hours, and annual paid leave on March 3, 2014, when employed on March 3, 2014.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Statement of confirmation of the trade name (ten pages of investigation records) (paragraph (2) in the market);

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. A statement prepared by the F;

1. Application of statutes on the F statements in a written confirmation of trade name (25 pages of investigation records);

1. Criminal facts;