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(영문) 대구지방법원포항지원 2020.09.24 2020고정120

근로기준법위반등

Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is an employer who runs an entertainment drinking house business by employing three full-time workers under the trade name of “C” from North-gu B and 2, North Korea-gu, and committing an entertainment drinking house business.

1. When an employer concludes a labor contract, he/she shall clearly state the matters concerning wages, weekly holidays, and other working conditions as prescribed by Presidential Decree to the workers, and deliver the documents in which the matters concerning the composition, calculation method, payment method, contractual work hours, weekly holidays, and annual paid leave are specified to the workers;

Nevertheless, on March 12, 2018, the Defendant concluded an employment contract orally with workers D, and did not issue a document specifying matters such as the constituent items, calculation method, payment method, contractual work hours, and weekly holidays.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 3,125,230 of retirement allowances E to workers who were in office from March 12, 2018 to December 12, 2019 at the above workplace and were retired from office within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D, average wages and retirement allowances;

1. Application of statutes on business registration certificates;

1. Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits for Criminal Facts, Article 114 subparagraph 1 of the Labor Standards Act, and Article 17 of the Act on the Guarantee of Workers' Retirement Benefits for Which the conditions of employment are specified (a failure to comply with

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply to concurrent crimes. Article 50 (Limits to Aggregate of Maximum Amount of Crimes of the above two Articles);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;