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(영문) 인천지방법원 부천지원 2019.01.30 2018고정916
근로기준법위반등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the Co., Ltd. in Kimpo-si B and the first floor, who is a user who runs the business of manufacturing in business with nine full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant had worked as a factory site from December 1, 2014 to July 31, 2018 at the same place of business, and had not paid KRW 5,756,348, including the sum of KRW 4,097,478, and the amount unpaid for year-end settlement and KRW 1,658,870, and the amount unpaid for year-end settlement, within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant worked at the factory site from December 1, 2014 to July 31, 2018 at the same place of business, and did not pay KRW 6,135,892 in the balance of D retirement pay within 14 days from the date on which the cause for the payment occurred without agreement between the parties on the extension of the due date.

3. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and other working conditions as prescribed by the Presidential Decree to workers when concluding a labor contract, and shall deliver to the workers a written statement specifying the constituent elements, calculation method, payment method, contractual work hours, and matters concerning holidays under Article 55;

Nevertheless, the defendant worked as the factory site from December 1, 2014 to July 31, 2018 at the above workplace, and when the contract is changed with D and retired from office, the elements of wages, calculation method, payment method, and prescribed method.

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