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(영문) 부산지방법원 동부지원 2021.01.14 2020고정369
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of C Co., Ltd. in Busan Shipping Daegu, who runs the route bus business using 16 full-time workers.

1. An employer who has not given a contract for work shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a contract for work, and shall deliver written statements specifying the items of wages composition, calculation method, payment method, small working hours, holidays, and annual paid leaves to workers;

Nevertheless, when concluding a labor contract with a worker D on September 12, 2018, the Defendant did not prepare and deliver a labor contract stating the items and calculation method of wages, the methods and methods of paying wages, the small working hours, the holidays, and the annual paid leave.

2. An employer unpaid, such as holiday work allowances, etc. shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days from the time when 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 served as a Spanish engineer from September 12, 2018 to May 10, 2019 at the same workplace, and did not pay KRW 3,860,736, in total, as shown in the attached Table of Crimes, including KRW 903,60,00 of the retired workers D's working allowances in 2018, as well as KRW 903,60,00,00,000, for holiday work allowances, night work allowances, overtime work allowances, and annual unused allowances, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

3. An employer who has not given a recess shall grant not less than 30 minutes of working if the hours of working are four hours or not less than one hour of working if the hours are eight hours or not less than one hour of working; and

Nevertheless, the defendant is a Spanish article from September 12, 2018 to May 10, 2019 at the same place of business.

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