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(영문) 수원지방법원 2017.11.16 2017고정894

근로기준법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative of Suwon-si Seoul Special Metropolitan City Dispute Resolution Co., Ltd., which is a user who operates a wholesale and retail business (Smarket) with eight full-time workers.

1. 2017 High Court Decision 894

A. The Defendant did not make each payment of KRW 14,891,978 in total amount of wages of nine workers, including KRW 241,935 in August 29, 2016 to September 7, 2016, as well as KRW 14,891,978 in the attached Form, without agreement between the parties to the extension of the payment deadline, within 14 days from the date on which the cause for payment occurred.

B. The Defendant did not pay KRW 3,435,436 of retirement allowances E of workers in charge of sales from October 13, 2014 to November 4, 2016 at the said workplace without agreement between the parties to the extension of the payment deadline.

2. The Defendant 2017, fixed-term 2521, at the same place of business, did not pay the sum of KRW 1,500,000, monthly wage of KRW 1,500,000 for October 30, 2016, and KRW 3,000,000 for November 2, 2016, within 14 days from the date on which the cause for payment occurred, without agreement between the parties to the extension of the payment date.

3. 2017 High Court Decision 1419

A. Notwithstanding that an employer shall, when concluding a labor contract, provide the employee with a written statement specifying wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree, the employer did not enter into and deliver each labor contract with G and H from September 23, 2016 to November 14, 2016.

B. The Defendant, at the same place of business, worked as a management director from September 23, 2016 to November 18, 2016 at the same place of business, KRW 1,90,00,00 of the monthly wage of October 2016, and KRW 3,816,66 of the monthly wage of KRW 1,916,66 of the same year, and KRW 3,816,66 of the same year at the same place of business, and KRW H’s wage of KRW 3,00,00,000 on September 23, 2016, to November 14, 2016, and KRW 3,66 of the same year’s wage of KRW 1,916,66 on November 23, 2016.