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(영문) 대전지방법원 천안지원 2015.01.29 2014고정1130
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is an employer who is engaged in food business using one regular worker in the name of "D in Asan City". A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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.

Nevertheless, the Defendant provided labor from February 21, 2013 to March 7, 2013 at the same place of business and did not pay KRW 400,000 to E who retired from the said place of business within 14 days from the date of retirement without any agreement between the parties.

(b) When an employer concludes a labor contract, he/she shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver to the workers a written statement in which the method of calculating and calculating the contractual work hours of wages are specified.

Nevertheless, the Defendant concluded a labor contract on February 21, 2013 with E providing labor at the above workplace and on February 21, 2013, the Defendant did not deliver to E a written statement specifying the method of calculating the constituent elements of wages, the contractual work hours under Article 55 of the Labor Standards Act,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Details of confirming the fact of telephone, etc.;

1. Application of Acts and subordinate statutes on credit transactions;

1. Article 109(1), Article 36, and Article 114 subparag. 1 and Article 17 of the Labor Standards Act concerning criminal facts and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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