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(영문) 전주지방법원 2020.02.05 2019고단1428
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using approximately five regular workers, who is a representative director of the building in Geumcheon-gu Seoul Special Metropolitan City and (P) Q.

[2019 Highest 1428]

1. The Defendant unpaid wages did not pay 19,121,00 won, in total, 10 workers, as indicated in Nos. 1 through 4, 8, and 13 of the List of Crimes in the attached Table 1, No. 1,21,00, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date, at the site of new construction of the Hensan-gu R village loan and at the site of the construction of the detached house located in Seo-gu Seoul-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) from August 9, 2018 to September 14, 2018.

[2019 Highest 1755]

2. The Defendant unpaid wages did not pay 17,920,000 won in total for five workers as indicated in the attached Table 2/1 through 4, 9, and 9, including the amount of wages of 1620,000 won, from March 4, 2019 to March 19, 2019, and from March 4, 2019 to retired from office, within 14 days from the date of retirement without agreement on extension of the due date between the parties concerned.

3. On March 4, 2019, the Defendant, who did not issue a written statement specifying working conditions, did not specify the aforementioned matters to five workers, as indicated in the attached Table 2 Nos. 1, 5-8, including the fact that the Defendant entered into an employment contract with V at the construction site, and did not issue a written statement specifying the elements thereof, calculation method, payment method, contractual hours, holidays, annual paid leave, etc., and did not specify the same as indicated in the attached Table Nos. 2, 1, 5-8.

[2019 Highest 1956]

4. The Defendant unpaid wages shall work at each construction site of YY located in W and X in the Jeonju-si, Jeonju-si, and the total amount of wages of 3 million won from August 25, 2018 to October 27, 2018, and retired from office.

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