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(영문) 수원지방법원 안산지원 2015.06.11 2015고단245
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is the representative of the “D Council member” on the 3th floor of Ansan-si Seoul Metropolitan Government, and is an employer who runs the medical business, etc. using six full-time workers.

1. An employer who violates the Labor Standards Act (delivery in writing on the working conditions, etc.) shall clearly state working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the items and methods of calculating wages, payment method, contractual work hours, holidays and annual paid leaves;

Nevertheless, around March 24, 2014, the Defendant did not deliver to the above E a written document stating the above matters when entering into an employment contract with workers E at the above workplace. On May 19, 2014, the Defendant did not deliver to the above F a written document stating the above matters while entering into an employment contract with workers F.

2. Violation of the Labor Standards Act (paid wages, etc.);

A. The Defendant did not pay KRW 1,836,670 of E’s wages from March 24, 2014 to June 29, 2014, and without any agreement between the parties on the extension of the date within 14 days from the date of retirement.

B. The Defendant did not pay the F’s wages of KRW 2,416,670 from May 19, 2014 to June 29, 2014, and without any agreement between the parties on the extension of the date within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Business registration certificate copy;

1. Detailed statement of benefits;

1. Application of Acts and subordinate statutes concerning copies of benefit ledgers;

1. Article 114 subparagraph 1 of the relevant Act and Article 117 of the Labor Standards Act regarding criminal facts, the choice of punishment, and the selection of fines, respectively (a failure to provide written statement of working conditions), Articles 109 (1) and 36 of the Labor Standards Act (a violation of the duty to liquidate money and other valuables), and the choice of fines

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.

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