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(영문) 서울동부지방법원 2017.02.14 2016고정1959
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a C representative in the Gwangjin-gu Seoul Special Metropolitan City, who is a full-time worker and operates a salary-making business.

1. An employer shall clearly state wages, working hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the method and method of calculating the items of wages, prescribed hours of work, holidays under Article 55, and annual paid leaves under Article 60 shall be specified in writing.

Nevertheless, the defendant was employed from January 23, 2013 to February 18, 2016 at the above workplace and did not enter into a labor contract clearly stating in writing the working conditions, such as wages, etc. for retired workers D and labor contracts.

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

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

Nevertheless, the Defendant did not pay KRW 2,240,00 in total, including KRW 728,00, KRW 728,000 in the year 2013, KRW 728,00 in the year 2014, and KRW 784,00 in the year 2015, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.

3. Where an employer suspends his/her business due to causes attributable to the employer, he/she shall pay the relevant worker allowances of not less than 70/100 of average wages during the period of suspension;

Nevertheless, the defendant has suspended his/her business on the ground that the work quantity of his/her employee D who retired from office in the above workplace has decreased as above at the above workplace, but he/she has suspended his/her business on September 2013 equivalent to 70/100 of average wage, as shown in the attached Form, such as 91,000 won for business suspension allowances in September 203.

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