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(영문) 수원지방법원 안산지원 2019.02.21 2018고단1907
근로기준법위반등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, as the representative of the FF association located in Si-si B in Si-si, is an employer who ordinarily employs 20 full-time workers and operates “C oriental medical hospital” and “G Council members”.

1. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state in writing wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers when concluding the labor contract;

Although the Defendant entered into an employment contract on September 26, 2017 with an O, P, and October 13, 2017, each of the labor conditions was not specified in writing.

2. An employer who violates the Labor Standards Act due to unpaid wages shall pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned where the worker dies or retires.

Nevertheless, the Defendant did not pay KRW 1,80,00 on June 6, 2017 of Q Q, who worked from June 27, 2016 to August 14, 2017, wages of KRW 1,900,000 on July 7, 2017, wages of KRW 858,064 on August 27, 2017, and R-R’s wages of KRW 1,764,650 on July 27, 2017 to July 31, 2017, including the payment of wages of KRW 1,764,650 on July 27, 2017, and of KRW 21 on the total amount of the remaining wages, including M (No. 7), N (No. 21) from the date of payment to the party’s retirement without agreement within 1504,194,174.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant’s retirement allowances from Q Q that served from June 27, 2016 to August 14, 2017.

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