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(영문) 수원지방법원 2018.10.25 2018고정15
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the D Company in the Ssung City and is an employer who runs a manufacturing business by employing seven full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the method and method of calculating the constituent items of wages, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 shall be delivered to workers.

Nevertheless, on June 13, 2016, the Defendant concluded a labor contract with workers E at the same workplace and did not deliver in writing the working conditions, such as wages.

2. When a worker dies or 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 may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 582,948 to E’s annual allowances from June 13, 2016 to August 7, 2017 at the same place of business within 14 days from the date of retirement, without agreement between the parties on the extension of the payment deadline.

3. When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay KRW 2,143,865 of E's retirement pay in the above workplace within 14 days from the date of retirement without the agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Each written petition;

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