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(영문) 창원지방법원마산지원 2020.10.28 2020고정204
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of a C sales outlet in Msan-si, Msan-si, who is an employer who employs six full-time workers and operates a tea store business.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements specifying the matters concerning the composition, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to the workers.

Nevertheless, the Defendant is working as a bread assistant from August 27, 2018 to January 10, 2020 at the above workplace.

On August 27, 2018, when concluding a labor contract with a retired D and August 27, 2018, he did not prepare and deliver a document specifying the matters on the composition, calculation method, payment method of wages, contractual hours, holidays under Article 5, and annual paid leave under Article 60.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,802,080 in sum, as shown in the attached crime list, including the amount of wage difference from September 2018 to January 2020, and KRW 5,496,40 in annual paid leave allowance of KRW 1,305,680 in aggregate, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the contract on extension of the due date.

(c) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

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