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(영문) 서울중앙지방법원 2017.12.07 2017고단2828
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

[2017 Highest 2828] The defendant is the representative of the 3rd floor of the Seocho-gu Seoul Metropolitan Government building B, who ordinarily employs 20 workers and operates a restaurant business (mutual D).

1. An employer shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 17,945,159, as well as KRW 4,716,129, retired from the said workplace to September 22, 2016, as well as KRW 17,945,159, respectively, within 14 days from the date of each retirement without an agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Table.

2. An employer shall clearly state the matters concerning wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the matters concerning the constituent items of wages, the calculation method, and payment method, prescribed working hours, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 are specified;

Nevertheless, on October 14, 2016 to October 24, 2016, the Defendant did not deliver to the worker F a written statement specifying the constituent items, calculation method, and payment method of wages at the time of concluding a labor contract on October 14, 2016, the contractual working hours, holidays, and annual paid leave.

[2017 Highest 4920] The Defendant, as the representative of the Seoul Seocho-gu Seoul Metropolitan Government Office, ordinarily employs 20 workers on the third floor of the building B in Seocho-gu, Seocho-gu, Seoul, who operated a restaurant (former trade name: D and changed trade name: G).

An employer shall, when a worker dies or retires, do so.

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