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(영문) 수원지방법원 2018.10.18 2018고정1108
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a representative of C located on B 1st floor in Osan-si, who operates a beauty room using two 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the D’s wages of 259,99 in April 2018 within 14 days from the date of his retirement without an agreement between the parties on the extension of the payment period between the parties.

(b) When concluding an employment contract, an employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60.

Nevertheless, while entering into an employment contract with D workers retired under the preceding paragraph, the Defendant did not deliver to the workers without specifying in writing the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60.

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

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

Nevertheless, the defendant's retirement allowance of 5,201,622 won is between the parties.

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