beta
(영문) 서울남부지방법원 2018.12.14 2018고정670

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the tax group I in Geumcheon-gu Seoul Metropolitan Government, who employs three full-time workers and operates a tax service company.

1. An employer who has not paid wages or retirement allowances shall, if a worker retires, pay his/her wages, compensations, and other money or other valuables or retirement allowances within 14 days after the cause for such payment occurred;

Defendant did not pay KRW 1,965,260 of J’s wages and retirement allowances of KRW 4,837,280 within 14 days from the date of retirement to August 24, 2017, that he/she retired from the said place of business from around September 14, 2015 to around August 24, 2017.

2. An employer who fails to prepare a labor contract, or fails to provide a service shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver workers with a written statement specifying the items constituting the above wages, the method and method of calculating the prescribed working hours, prescribed working hours, holidays and annual paid leaves;

On September 14, 2015, the Defendant concluded a labor contract with the J on the duty to keep accounts books at the above workplace, and did not state in writing matters concerning wages, prescribed working hours, holidays, and annual paid leave.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to J;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts; Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits; Article 114 Subparag. 1 and 17 of the Labor Standards Act on the Labor Standards;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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