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(영문) 인천지방법원 2019.02.13 2018고단4061

근로기준법위반등

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Defendant B and C’s breach of the Labor Standards Act due to the failure to prepare the labor contract.

Reasons

Punishment of the crime

[criminal power] On May 27, 2015, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of forging private documents at the Incheon District Court on August 13, 2015, and the judgment became final and conclusive on October 13, 2015.

【Criminal Facts】

The defendant is a person who actually operates the cosmetic in Incheon Nam-gu D, and is a user who runs beauty and beauty business using eight full-time workers.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant offered labor from June 15, 201 to June 30, 2017 to retired workers from the said workplace, and offered labor from June 27, 201 to July 2, 2015 to retired workers from July 2, 2015, and did not pay KRW 4,630,056, respectively, within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties concerned. < Amended by Presidential Decree No. 28074, Jun. 1, 2017; Presidential Decree No. 28074, Jul. 13, 2017; Presidential Decree No. 28079, Jun. 1, 2017; Presidential Decree No. 2890, Jul. 134, 2017>

(b) An employer who fails to prepare a labor contract shall deliver to the worker a written document specifying the matters pertaining to the constituent items, calculation method, payment method of wages, contractual work hours, holidays, and annual paid leave when concluding the labor contract with the worker;

Nevertheless, the Defendant, around August 26, 2013, did not state in writing matters concerning the above working conditions when entering into an employment contract with workers H, respectively, on or around October 3, 2014, between workers C and workers C, around November 27, 2015, between workers G and workers H, and around October 1, 2016.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant provided labor from June 15, 201 to June 30, 2017 at the above workplace.