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(영문) 부산지방법원 2020.07.22 2020고정701

근로기준법위반

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Defendant shall be punished by a fine of KRW 1,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant was working as a vice head from August 16, 2019 to September 30, 2019 when manufacturing external aluminium fluorium in the fourth floor of the Busan East-gu B building, and was working as a vice head from August 16, 2019 to September 30, 2019 of the retired workers C, and wages of KRW 872,575,575, and monthly wages of KRW 1,745,150, total amount of KRW 2,617,725, and was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, while entering into an oral employment contract with C, the Defendant did not clearly state in writing matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 when entering into the employment contract with C as stated in the above Paragraph (1).

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a notification of details of salary, resignation, forms of annual salary employment contract, on-site transfer of duties, request for resignation, and notification of the fact of reporting the loss of an insured status for employment insurance;

1. Relevant Article 109 (1), Article 36 of the Labor Standards Act, Article 114 subparagraph 1, and Article 17 of the Labor Standards Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;