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(영문) 서울동부지방법원 2020.01.17 2019고정1129
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Gwangjin-gu in Seoul Special Metropolitan City and C, who is an employer who runs the clothing design business using one regular worker.

1. An employer shall clearly state working conditions, such as wages, contractual work hours, and holidays under Article 55 of the Labor Standards Act, when concluding an employment contract;

In such cases, documents stating the items, calculation method, payment method, contractual work hours, holidays referred to in Article 55 and annual paid leave referred to in Article 60 shall be delivered to workers.

Nevertheless, the Defendant did not deliver to the employee a document stating the items of wages, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60, when concluding a labor contract with D and his/her retired employee D on January 22, 2019, when the Defendant worked in the above workplace as garlator for the clothes, from January 22, 2019 to March 14, 2019.

2. 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 had worked from January 22, 2019 to March 14, 2019 at the above workplace and had not paid 651,520 won of the wages of March 2, 2019 to retired workers D within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of D’s authentic text (including E message, etc.);

1. Article 114 subparag. 1, Article 17(1) of the Labor Standards Act regarding criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and each of the fines, respectively, shall be imposed on the criminal facts.

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