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(영문) 서울중앙지방법원 2017.11.03 2017고정1941
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant, using two full-time workers, is operating “D” as a rubber hall manufacturing and selling business entity on the mid-gu Seoul Metropolitan Government C and 2 floor.

(1) From October 4, 2016 to February 1, 2017, the Defendant concluded a labor contract with E, which was retired from the said workplace, and did not deliver to E a document specifying matters concerning working conditions, such as wages, prescribed working hours, holidays, and annual paid leave, and (2) did not pay 1910,000 won of unpaid wages E within 14 days from the date of retirement without agreement on the extension of the payment period, and (3) on February 2, 2017, the Defendant did not pay 200,000 won of the pre-employment allowance by dismissing E without notice on the ground that E rejected the direction of work on Saturdays.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to a petition or accusation;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Act on the Standards for Selective Labor for Criminal Facts, Article 109 (1), Article 43 of the same Act, Article 110 subparagraph 1 of the same Act, and Article 26 of the same Act, the selection of each fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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