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(영문) 서울동부지방법원 2021.03.24 2019고단1520
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a user who operates the valley in Gwangjin-gu Seoul Special Metropolitan City Co., Ltd.

"2019 Highest 1520"

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 187,980, wages of KRW 187,980 of workers F who worked from September 13, 2018 to September 29, 2018 at the said workplace, and KRW 183,560 of workers G’ wages, and KRW 593,320 of workers H’ wages from October 9, 2018 to October 25, 2018, without an agreement on the extension of payment date between the respective parties.

2. When concluding an employment contract, an employer shall clearly state the terms and conditions of employment, such as wages, prescribed working hours, holidays, annual paid leaves, etc., and shall deliver to the worker a written statement specifying the items constituting the wages, calculation methods, and methods of payment thereof, small working hours, holidays, and annual paid leaves;

Nevertheless, the Defendant did not perform his/her duties while entering into an employment contract with F workers around September 13, 2018 at the same workplace, and with G workers around September 19, 2018, respectively.

" 2020 Highest 637"

1. When a person employed retires or dies, an 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;

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

Nevertheless, with respect to nine workers, including I, who retired from the above workplace from July 26, 2018 to September 9, 2018, the Defendant between the parties, 9,210,902 won in total, as shown in the list of crimes in attached Form 1, 2, 3, 5 and 10.

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