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(영문) 부산지방법원 2020.10.22 2020고정723

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is a manager of Busan Jung-gu, B and C, and is a user who carries on marine transportation services using six full-time workers.

1. When an employer concludes a labor contract, he/she shall clearly state the wages, contractual hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers, and shall issue a written statement specifying the items of wages, calculation methods, payment method, contractual work hours, holidays, and annual paid leaves among them;

Nevertheless, on May 22, 2018 and April 22, 2019, the Defendant did not deliver to the said workplace a document stating the above matters in concluding a labor contract with the worker F.

2. Where an employer who violates the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant works in the above workplace from April 22, 2019 to June 7, 2019.

A retired worker F shall work for the period from May 2, 2019 to June 28, 2019, including the total of KRW 1,983,33 of wages on June 1, 2019 and KRW 5,483,333 of wages, and from May 2, 2018 to June 28, 2019.

From February 2019 to June 2019, G workers who retired were not paid KRW 7,50,000 (monthly wage of KRW 1,500,000), and KRW 1,50,000,00, retirement allowance of at least 1,842,279, and KRW 16,325,612, in total, of two workers’ wages and retirement allowances, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E, F, G, and H;

1. Article 114 subparag. 1 of the Labor Standards Act concerning criminal facts