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(영문) 청주지방법원 2021.01.14 2019고단2367

근로기준법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a manager of the I's office in the Chungcheong-gun H, Jincheon-gun, and is a user who conducts manufacturing business using six full-time workers.

1. If a worker in arrears dies or retires, the employer shall pay him/her wages, compensations, and other money or valuables within 14 days from the time the cause for such payment occurred;

Nevertheless, the defendant employed in the above workplace as production workers from December 26, 2017 to January 13, 2019, and did not pay the total of KRW 5,940,110 to retirement workers within 14 days from the date of retirement.

2. An employer who violates the duty to specify working conditions shall specify wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker at his/her request.

Nevertheless, the Defendant did not specify in writing matters concerning the items of wages, calculation method, payment method, prescribed hours of work, holidays under Article 55, annual paid leave under Article 60, as shown in the list of crimes in the attached Table, including B, who worked in a production position from January 20, 2018 to January 31, 2019 and retired from office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the fact (the fact-finding, the fact-finding, and the fact-finding);

1. A written petition and a written statement (a true representative);

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. The relevant legal provisions of criminal facts, Articles 109(1), 36 of the Act on the Standards for Optionald Labor (the point of overdue payment of wages and the choice of fines), Articles 114 subparag. 1 and 17 of the Labor Standards Act (the point of violation of the duty to specify working conditions) shall be aggravated for concurrent crimes.