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(영문) 창원지방법원 밀양지원 2019.01.24 2018고정56
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is an actual manager of C in Kim Sea-si, who employs three full-time workers and operates a shocking field business.

1. Where a worker dies or retires, an employer unpaid wages shall pay wages and other money and valuables within 14 days from the date on which grounds for the payment thereof occurred, unless otherwise agreed by the parties concerned about the extension of the due date;

Nevertheless, the Defendant did not pay the total of KRW 11,357,260,00 within 14 days from the date of his/her retirement, including the total of KRW 1,606,602, wage of April 1, 2017, wage of KRW 4,120,00, and wage of KRW 3,570,658, June 2, 2017, to workers D who worked from around March 2, 2017 to June 26, 2017.

2. An employer who violates the duty to specify working conditions shall deliver workers in writing specifying the matters pertaining to the constituent items, calculation method, payment method of wages, contractual work hours, holidays and annual paid leave when concluding a labor contract;

Nevertheless, the Defendant, upon entering into a labor contract with D around March 2, 2017, did not deliver a document stating the above working conditions.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Statement made by a witness F in the fourth trial record;

1. The police statement concerning G;

1. Details of transactions by passbooks (No. 11 No. 5);

1. On the calendar (In light of the fact that the defendant paid 4,120,000 won to D on June 23, 2017 (Evidence No. 29 pages), the defendant's assertion that he/she does not have any obligation to pay D is a worker employed by F, and that he/she does not accept the defendant's assertion that he/she does not have any obligation to pay D).

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Articles 114 subparag. 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. The Criminal Act for the detention of a workhouse;

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