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(영문) 수원지방법원 2016.11.24 2016고정1366
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the Co., Ltd. in Ansan-si Group B, who employs 30 full-time workers and operates transportation business.

1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract;

In such cases, a document stating the constituent items, calculation method, payment method and contractual work hours, holidays and annual paid leave shall be delivered to the worker.

Nevertheless, while entering into a labor contract with D who worked in the foregoing workplace from October 15, 2015 to February 2, 2016, the Defendant did not specify the major working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., and did not deliver a document stating the items of wages, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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 KRW 985,00 as of December 2, 2015 to E who worked from March 26, 2014 to December 31, 2015 at the same place of business within 14 days from the date of retirement in which the cause for the payment occurred, without agreement between the parties on the extension of the due date.

3. When a worker retires, the employer shall pay the retirement allowance within fourteen 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 had worked from March 26, 2014 to December 31, 2015 at the above workplace, as retirement allowance of KRW 4,847,885, is about the extension of the due date between the parties.

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