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(영문) 수원지방법원 2013.11.07 2013고정2567
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

When an employer concludes a labor contract, he/she shall clearly state matters concerning wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60, and shall deliver written statements in which matters concerning the constituent items, calculation method, payment method and prescribed work hours, holidays and annual paid leaves are stated to the worker.

Nevertheless, when concluding a labor contract with B on January 19, 2013, the Defendant did not specify in writing working conditions with respect to wages, contractual work hours, holidays, annual paid leave, etc. and did not deliver the specified document.

Summary of Evidence

1. Defendant's legal statement;

1. B W Written Statement on May 3, 2013

1. Application of the Extradition Report Act

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. In the facts charged, the Defendant is an employer who runs a creative, creation and installation business using two full-time workers as a representative of Young-gu CD located in Young-gu, Young-gu.

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

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW 1,250,00 during the same period from January 19, 2013 to February 1, 2013 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. This part of the facts charged is a crime falling under Articles 109(1) and 36 of the Labor Standards Act and cannot be punished against the victim's express intent under Article 109(2) of the same Act. According to the agreement bound in the records, the victim is a victim.

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