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(영문) 인천지방법원 부천지원 2017.11.10 2017고단2106
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is an actual management owner of C in Bupyeong-si B and C, but employs four full-time workers (Provided, That the Defendant is an employer who runs beauty service business from September 2013 to April 2014, and from July 2014 to September 2014 to five full-time workers).

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from March 4, 2013 to February 29, 2016 at the above workplace and paid the amount of wages from March 4, 2013 to February 29, 2016 to below the minimum wage level, and thus, the Defendant did not pay the difference of 16,052,878 won in total within 14 days from the date of occurrence of the cause for payment without agreement on extension of the payment date between the parties, such as in the case of the attached Table 1.

(b) When concluding an employment contract, the employer shall specify wages, the prescribed working hours under Article 55, and other working conditions prescribed by Presidential Decree, and shall deliver to the worker a written statement specifying the constituent elements, calculation method, payment method, the prescribed working hours, and the matters concerning the holidays under Article 55.

Nevertheless, while concluding a labor contract with D that was employed from March 4, 2013 to February 29, 2016 at the same place of business, the Defendant did not deliver a document stating the composition items, calculation method, payment method, prescribed working hours, and holidays under Article 55.

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

Provided, That in special circumstances, the parties shall agree upon.

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