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(영문) 청주지방법원 2018.01.24 2016고단949
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the representative of the government building of substantial Gu F in Cheongju and G incorporated association in 902, who is engaged in social welfare service business using 80 full-time workers.

[2016 Highest 949]

(a) Where an employer who has not paid an extended working allowance, etc. to an employee C (administrative service) retires, such as allowances, etc., the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred;

Nevertheless, the Defendant, while working in the foregoing workplace from March 19, 2014 to March 18, 2015, did not pay KRW 2,146,093, including the sum of KRW 1,918,840, KRW 1,918,840, KRW 194,83, and KRW 32,370,00,000, such as the basic salary of 2015, position allowances, KRW 194,883, and the unused annual allowances, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

(b) An employer violating the Labor Standards Act due to a breach of the duty to specify working conditions shall clearly state wages, prescribed working hours, holidays pursuant to Article 55 of the Labor Standards Act, annual paid leaves pursuant to Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers at the time of concluding a labor contract. In such cases, he/she shall deliver to the workers a written statement specifying matters concerning the composition and method of calculating the amount of wages, prescribed working hours, prescribed working hours, holidays, and annual paid leaves.

Nevertheless, even if the Defendant entered into a labor contract with the worker H at the same workplace on September 201, the Defendant did not deliver to the worker H a written document specifying the composition of the wage item calculation method, payment method, prescribed working hours, holidays, and annual paid leave.

(c)

Workers shall be employed at all workplaces which ordinarily employ not less than 30 workers in violation of the Act on the Promotion of Workers' Participation and Cooperation due to Non-Establishment of Ombudsman.

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