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(영문) 인천지방법원 2018.09.13 2018고정1769
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 the representative of Nam-gu, Incheon Metropolitan City C Co., Ltd. who runs a manufacturing business with 12 full-time workers.

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 295,400,652,700 of the wages during each service period from September 27, 2017 to September 29, 2017; and KRW 295,400,652,70 of the wages during each service period from October 10 to October 23, 2017, within 14 days from each retirement date without any agreement on the extension of the payment date between the parties concerned.

2. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions as determined by Presidential Decree to workers, and shall deliver written statements specifying the items constituting wages, calculation methods, prescribed working hours, prescribed working hours, holidays, and annual paid leaves to workers;

Nevertheless, when concluding a labor contract with D on October 10, 2017 with the above workplace, the Defendant did not deliver to D a document stating matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement made to A in relation to D or D, or the police statement made to D;

1. Application of Acts and subordinate statutes to the report on the overdue payment of wages, copy of the commuting card, copy of the labor contract, copy of the passbook, and detailed statement of wages to October 2017;

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 subparag. 1, and Article 17 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201) regarding criminal facts.

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