logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.30 2013고정3229
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the representative of the Seongbuk-gu Seoul Metropolitan Government “C” located in 103, and is an employer who runs the clothing manufacturing business using two regular workers.

1. An employer shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions as prescribed by Acts and subordinate statutes in concluding an employment contract, and in such cases, the employer shall deliver to the employee a document specifying the items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves, but the Defendant did not deliver it in writing, specifying the wages, contractual work hours, annual paid leaves, and other working conditions as prescribed by Acts and subordinate statutes, when concluding an employment contract with the said employee D while taking charge of material purchase business, etc. from November 9, 2012 to November 14, 2012.

2. In the event that an employee dies or retires, the employer paid wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay the said employee D wages of 133,330 won on November 1, 2012 within 14 days from the date of his/her retirement without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to the statement prepared by a special judicial police officer against D;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, and Articles 109 (1) and 36 of the Labor Standards Act, concerning criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

arrow