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(영문) 창원지방법원 2018.09.20 2018고정448
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a representative director C (State) in Kim Sea-si B, who runs a daily newspaper manufacturing business using 38 full-time workers.

1. An employer who is not paid wages or retirement allowances shall, if the employee dies or retires, pay the wages, compensations, and all 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 had worked as an advertising management member from August 1, 2012 to March 23, 2018, and had retired from the said place of business, and had not paid the total of KRW 1,509,940 for April 2015, wages of KRW 1,500,980 for September 2016, wages of KRW 1,50,980 for December 2016, total of KRW 4,51,90 for wages, KRW 40,00 for total of KRW 40,00 for paid leave from August 1, 2012 to March 23, 2018, KRW 40,00 for total of KRW 40,00 for paid leave from August 1, 2015, KRW 40,00 for annual paid leave from KRW 400,00 for 20,000 for annual paid leave allowances, KRW 1,200,3015 for annual paid leave allowances.

2. An employer who violates the duty to specify working conditions shall specify the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to workers when concluding a labor contract, and shall deliver written statements in which such matters are specified to workers;

Nevertheless, the defendant did not specify in writing the above matters when he retired after working as a medical technician from December 26, 2017 to January 18, 2018 at the above workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. E’s petition 1.

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