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(영문) 부산지방법원서부지원 2020.12.04 2020고정302
근로기준법위반
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 a personal business owner who is engaged in transportation business, and B is an employee employed by the Defendant from November 1, 2019 to December 28, 2019, who works as a cargo driver, and C is an employee employed by the Defendant from July 9, 2018 to July 19, 2018, who works as a cargo driver.

1. Violation of the Labor Standards Act against workers B;

(a) When a worker dies or retires, the employer who has paid the wages shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,303,225 of the overdue wages to B employed as a cargo driver from November 1, 2019 to December 28, 2019 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

(b) When concluding a labor contract, an unborn employer shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., and deliver them to the workers in writing.

Nevertheless, when concluding a labor contract with B employed as a cargo driver on November 1, 2019, the Defendant did not specify the above working conditions and did not deliver the written labor contract to B in writing.

2. Violation of the Labor Standards Act against workers C.

(a) When a worker dies or retires, the employer who has paid the wages shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,064,516 of the wages in arrears to C who worked as a cargo driver from July 9, 2018 to July 20, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

B. When concluding a labor contract, a non-delivery employer shall pay wages to workers, contractual work hours, and

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