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(영문) 서울북부지방법원 2017.08.24 2016고단4226

근로기준법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a full-time employer who conducts tasks using 25 full-time workers under the trade name of Seongbuk-gu Seoul Metropolitan Government “D”.

[2016 Highest 4226]

1. Although an employer who breaches his/her duty to provide written statement or written terms and conditions of employment issues a written document stating the constituent items, calculation method, payment method, small working hours, holidays, and annual paid leaves to workers when concluding an employment contract, the Defendant did not deliver to the above E a written document specifying the constituent items, calculation method, payment method, small working hours, holidays, and annual paid leaves when entering into an employment contract with E at the above workplace on June 30, 2015.

2. An employer who breaches his/her duty to liquidate money or goods or fails to pay retirement allowances shall pay wages, compensations, or other money or goods within 14 days after the cause for such payment has occurred, if the employee dies or retires, and if the employee retires, he/she shall pay the retirement allowances within 14 days after the cause for such payment has occurred;

Nevertheless, the Defendant did not pay KRW 5,969,488 of the F's wages to four workers who retired from the above workplace from July 20, 2009 to August 1, 2015 at the same time within 14 days from the date of the above retirement, and did not pay KRW 8,516,609 within the same period, and did not pay the wages and retirement allowances to four workers as shown in the list of crimes in the attached Form.

Accordingly, the Defendant did not pay the total of KRW 19,66,724 (total of KRW 42,471,202) to four workers.

[2017 Highest 17rdest 1781] The Defendant works for the said workplace from June 26, 2015 to September 20, 2016 with respect to his/her retired employee G, who retired from the workplace, as the retirement pay of KRW 5,80,000, retirement pay of KRW 5,041,869, and from August 18, 2015 to October 20, 2016.