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(영문) 부산지방법원 동부지원 2015.07.15 2015고단31

근로기준법위반

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 person in charge of business and employer who actually operates the corporation C in Busan Shipping Daegu, and actually operates the real estate business.

1. Where an employer who violates the Labor Standards Act due to payment of wages dies or retires of the worker, he/she shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred;

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

From December 23, 2013, the Defendant paid all money and valuables, such as wages, upon retirement of a worker G who worked as a proceeding employee at the F events held in Busan Shipping Daegu D around February 4, 2014. However, the Defendant did not pay the total amount of wages of the above G 1,293,929 won, as stated in the [Attachment] 4, 13, 14, 16, and 19, as stated in the list 4, 14, 16, and 19, the Defendant paid KRW 5,747,591, total amount of wages of five employees, as stated in the list 5,747,591 of the payment period extension between the parties and other special circumstances, within 14 days from the date on

2. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state the matters such as wages, contractual work hours, holidays, annual paid leave, etc. to the workers when concluding the labor contract, and shall deliver the written statement in which the matters such as the constituent items, calculation method, payment method and contractual work hours, holidays, and annual paid leave, etc.

The Defendant, around December 23, 2013, entered into a labor contract with H, I, and J, who were employed as a staff member of the above F event, and did not specify matters such as wages, contractual work hours, holidays, annual paid leave, etc. to each of the said workers, and did not deliver a document stating the above matters to the workers.

Summary of Evidence

1. Defendant's legal statement;

1. Four chairpersons (four others, such as K);

1. Four chairpersons (four chairpersons, including L);

1. A complaint G.

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