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(영문) 인천지방법원 2018.05.03 2018고단1809

근로기준법위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. An employer who has not prepared a labor contract with a worker shall deliver to the worker a written statement specifying the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leave when concluding the labor contract with the worker;

Nevertheless, the Defendant entered into a labor contract with workers B who provided labor from January 2, 2017 to March 27, 2017 at the construction site, and did not deliver to B a document stating the items constituting wages, calculation method, payment method, prescribed hours of work, holidays, and annual paid leave, and did not specify in writing matters concerning the above working conditions when concluding a labor contract between B and 20 as indicated in the attached list of crimes.

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

Nevertheless, the Defendant provided labor between January 2, 2017 and March 27, 2017 to the retired worker B’s wage of KRW 1,200,000 on February 2, 2017, and divided wage of KRW 2,800,00 on March 3, 2017, and KRW 73,010,40 on the total wage of KRW 73,010,00 for the retired worker B and 20 on March 2, 2017, were not paid within 14 days from the date of the retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of the defendant in C, B, and D among the protocol concerning the examination of the suspect by the prosecution;

1. Each police statement made with respect to B, E, and F;

1. A petition, written confirmation, etc.;

1. Details of confirmation of facts, such as telephone;

1. Fact-finding list, and details of calculation of overdue wages and arrears by field;

1. Calculation of overdue wages, details of the accounts for February, March, and application of Acts and subordinate statutes on cafeteria books at the site;

1. Relevant Articles of the Act concerning facts constituting a crime and the selective labor standards;