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(영문) 수원지방법원 안산지원 2018.05.03 2017고정1266
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, he shall be 100.

Reasons

Punishment of the crime

The Defendant is the representative of the C Private Teaching Institutes in Ansan-si, who is a full-time employee and operates a private teaching institute.

1. If an employee in arrears, such as wages, dies or retires, the employer shall pay him/her wages, compensations, and all other money and valuables within 14 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 at the above workplace from October 17, 2016 to December 21, 2016, and retired from the above workplace, and paid 2,262,50 won in total, including 676,500 won in the wage of November 5, 2016, and 90,000 won in December 2016, and 2,50 won in the wage of December 2016, and 2,500 won in the separate crime list, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. An employer who violates the duty to specify working conditions shall specify wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

Nevertheless, the defendant did not specify in writing matters concerning wages, prescribed hours of work, holidays under Article 55 of the Labor Standards Act, etc. when concluding a labor contract with D and February 10, 2017, which had worked as an instructor at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Application of the Acts and subordinate statutes reporting each offender;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (the fact of being paid wages and of a fine) and Articles 114 subparag. 1 and 17 of the Labor Standards Act (the fact of violating the duty to specify working conditions);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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