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(영문) 광주지방법원 2020.05.07 2019고정535

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the representative of the “C” in the Southern-gu Seoul Metropolitan City B and 7, who runs general restaurants with four regular workers.

1. In cases where an employee dies or retires, an employer who is not paid wages shall pay the wages, compensations, and other money or valuables within 14 days from the date on which such cause occurs;

Nevertheless, the Defendant worked as the head of the competent office from March 29, 2018 to July 31, 2018 at the foregoing workplace, and did not pay KRW 16,953,515, total amount of seven workers retired from the said workplace, as shown in the attached crime list, as well as KRW 895,750, which was included in the attached crime list, within 14 days after the cause for the payment occurred without any agreement between the parties on the date of payment.

2. An employer who fails to prepare a labor contract shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers when concluding the labor contract, and shall deliver a written document specifying the matters concerning the composition, calculation method, payment method and contractual work hours of wages, holidays, and annual paid leaves to the workers;

Nevertheless, on August 17, 2018, the Defendant entered into a labor contract with workers E in charge of the duties of care in the above workplace and did not specify the above matters. The Defendant drafted a labor contract with workers D, F, G, H, and I, but did not deliver the document stating the above matters to each worker.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect prepared by some special judicial police officers against the defendant;

1. The written statement prepared by each special judicial police officer against D, E, and G;

1. A statement prepared by the F;

1. Each telephone statement to F and I;

1. Application of Acts and subordinate statutes on arrears of individuals;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts as well as Article 109(1) and Article 114 subparag. 1 of the Labor Standards Act.