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(영문) 부산지방법원서부지원 2020.10.30 2020고정160
근로기준법위반
Text

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

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 a business owner who employs two full-time workers in Gangseo-gu Busan Metropolitan City as the representative of C in Gangseo-gu Busan Metropolitan City and operates a construction business.

1. Where an employee in violation of the Labor Standards Act dies or retires due to non-payment of wages, he/she shall pay 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 is working as a man from September 26, 2018 to October 21, 2018 at the construction site for repair of defects in D safety facilities.

Retired E’s work as wages of 2,250,000 won and for the same period of time in October 2018

The retired FF did not pay 4,390,000 won for overdue wages of 2 workers, such as wages of 2,140,000 won in October 2018, within 14 days from the date of each retirement without an agreement on extension of the due date between the parties concerned.

2. An employer who violates the Labor Standards Act due to a violation of an obligation to specify working conditions shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, documents stating the items, calculation method, payment method, contractual work hours, and matters concerning annual paid leave under Article 60 of the Labor Standards Act shall be delivered to workers.

Nevertheless, the Defendant works as a co-ordinator on September 26, 2018 at the construction site for repair of defects in D safety facilities until October 21, 2018.

Wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree, while making a labor contract with the Fran that was retired while serving as the E and the same period of work.

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