logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.03.15 2018고단926
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant did not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant, as the representative of Mapo-gu Seoul Metropolitan Government C, is a user who uses ten full-time workers.

1. An employer who violates the Labor Standards Act due to the payment of wages or retirement allowances, or the Act on Guarantee of Workers' Retirement Benefits, has paid all money and other valuables and retirement allowances, including wages, within 14 days from the date when the cause for such payment occurred, unless otherwise agreed by the parties concerned, to the worker E who worked for the said stock company from November 4, 2015 to March 6, 2017, 2017; 2,50,000,000; 483,870, March 2017; 163,310, retirement allowances, 3,670,000, and 306,300,306, and 307,306, and 307,306, and 600,000 won from the date of the year-end settlement in March 2017;

2. An employer violating the Labor Standards Act due to failure to provide a written statement specifying working conditions, did not deliver the said written statement to a worker, even though he/she did not deliver to the worker a written statement specifying the matters stipulated in the Labor Standards Act, such as wage constituent elements, etc., although he/she entered into a labor contract with a worker F.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement (including attached documents) of F, E, G, H, and I;

1. Application of statutes to data submitted by the complainant, such as e-mail;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, Article 114 Subparag. 1 and Article 17 of the Labor Standards Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for a violation of the Labor Standards Act due to the failure to pay selective wages

arrow