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(영문) 서울중앙지방법원 2014.09.03 2014고정2053
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Status] The Defendant is a representative of the “D Welfare Center” in Jongno-gu Seoul Metropolitan Government and the “F Care Center” in Seoul Jung-gu E-gu, Seoul and is an employer who employs one full-time worker and engages in social welfare service business.

【Late Payment of Wages】

1. The Defendant did not pay an amount equivalent to the total amount of KRW 360,750,00 from December 1, 2006 to September 30, 201 as wages of G retired while working at each of the above centers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

[Violation of the duty to specify the working conditions]

2. On June 25, 2010, when the Defendant newly employs G workers as a person in charge of the medical care service at the above office office, the Defendant did not deliver to G a document specifying working conditions, such as the constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc. of wages.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Some statements made by the police interrogation protocol (final) of the accused;

1. Some statements made by the police in relation to G;

1. Application of Acts and subordinate statutes on writing writing, such as the date of entry into G, written employment contracts (investigative records, 86 pages), and deposit certificates of G wages;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a violation of the duty to specify working conditions);

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 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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