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(영문) 수원지방법원 안산지원 2020.06.10 2020고단67

근로기준법위반

Text

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

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

Reasons

Punishment of the crime

1. The Defendant unpaid wages shall be the employer who operates the “stock company C” in the Si interest city B by 10 full-time workers, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred if the employee retires.

Nevertheless, the Defendant did not pay KRW 1,806,451 of D’s wages in May 2, 2019, which worked from May 12, 2019 to June 5, 2019 at the above workplace, and did not pay KRW 10,838,727 in total for eight workers, as shown in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

2. An employer who fails to deliver a written employment contract shall clearly state the matters concerning the constituent elements, calculation method, payment method and contractual work hours of the worker concerned, the holidays under Article 55, and the annual paid leave under Article 60, whenever he/she concludes the employment contract;

Nevertheless, on March 6, 2019, the Defendant did not specify matters concerning the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 55, and annual paid leave under Article 60 when concluding a labor contract with workers E at the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition of D, F, E, G, H, I, J, and K;

1. Application of the respective laws and regulations of D, F, E, H, J and K

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the same Act concerning facts constituting an offense, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (which means a failure to issue an employment contract);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a history of punishment of fines for violating the Labor Standards Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the amount of money and valuables not yet settled is not significant.