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(영문) 서울중앙지방법원 2016.05.18 2015고정4392
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a user who operates software development and supply business, etc. using five full-time workers in the trade name of Gangnam-gu Seoul Metropolitan Government C Building 312, Inc. D.

1. An employer who violates the Labor Standards Act by failure to provide a written statement specifying working conditions shall deliver to a worker a written document specifying the items and calculation method of wages, the methods and methods of payment thereof, small working hours, holidays, annual paid leaves, etc. when concluding a labor contract;

Nevertheless, the Defendant entered a company D on April 7, 2014, but entered into a labor contract with an employee E on May 15, 2014 following the withdrawal on May 16, 2014, and did not deliver to the employee a written document specifying the constituent items, calculation method, method of payment of wages, hours of small work, holidays, annual paid leaves, etc.

2. The Defendant who violated the Labor Standards Act due to the violation of the duty to pay wages within the wage payment period: (a) retired from Company D to April 7, 2014 to May 15, 2014; (b) however, on June 1, 2015, the Defendant was employed as a worker by re-admissioning on June 16, 2014, and was employed as a worker on April 2014; and (c) KRW 3,851,610, total amount of wages, such as wages of KRW 2,40,000,000, and KRW 1,451,610, in May 2014, did not pay KRW 3,851,610 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Accordingly, the defendant did not pay wages within 14 days from the date of worker's retirement.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of witness E;

1. Application of the Act and subordinate statutes to the daily processing details, evidentiary data, records of work records, copies of multi-locks, details of commuting to and from work in 2014, and X-cell file in June 2014;

1. Article 114 Subparag. 1, Article 17 of the Act on the Standards for Selective Labor for Criminal Facts, and Articles 109(1) and 36 of the Labor Standards Act (in cases of non-payment of wages, selection of fines);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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