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(영문) 광주지방법원 2018.03.29 2017고단586

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

1. The Defendant is a person who employs ten full-time workers on the third floor of the building located in Seo-gu in Gwangju-gu and operates the E Institute.

2. Violation of duty to specify in writing on working conditions;

A. On June 1, 2012, the Defendant concluded a labor contract with F on June 1, 2012, and did not deliver to F a written statement specifying the constituent elements, calculation method, payment method, and fixed working hours of wages, and matters regarding holidays and annual paid leave.

B. On December 23, 2013, the Defendant concluded a labor contract with G on December 23, 2013, the Defendant did not deliver to the said G a written statement specifying the composition items, calculation method, payment method, and fixed working hours of wages, and matters pertaining to holidays and annual paid leave.

(c)

On December 30, 2014, the Defendant concluded a labor contract with H on or around December 30, 2014, and did not deliver to the said H a written statement specifying the constituent elements, method, and method of payment of wages, hours of fixed work, holidays, and annual paid leave.

3. The Defendant, who violated the obligation to liquidate money and valuables and retirement allowances from December 30, 2014 to April 4, 2016, did not pay 16,903,627 won in total, including 4,728,934 won in the annual unused leave allowances and retirement allowances of H 1,035,616 won and retirement allowances of H 2,253,318 won, as stated in the “annual unused leave allowance” in the attached list of crimes committed in the attached Table and the “repaid retirement allowance” column, as stated in the “F, G, and H’s annual unused leave allowances and retirement allowances”.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and G, witness I andJ respectively;

1. A protocol concerning the examination of suspect by some police officers against the defendant (including each part of the statement of F, G, and H);

1. Each police statement with respect to F, K, and L;

1. Details of factual verification, such as the counterargument, F's factual confirmation, telephone, etc. against the truth-finding assertion;

1. To refer to the specifications of each benefit and account transactions and to the attendance of each party;