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(영문) 서울중앙지방법원 2017.10.13 2017고정2532
근로기준법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative director of Jongno-gu Seoul Metropolitan Government 2nd floor (ju), who has employed 25 full-time workers and operated educational projects as the representative director of Jongno-gu 2nd floor.

1. The Defendant unpaid wages did not pay KRW 1,161,290 on August 1, 2016 to D, who retired workers, to whom he/she had worked from office from February 1, 2016 to August 18, 2016, for a period of 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Although the employer who does not provide a written statement specifying the working conditions has delivered to the employee a written document that specifies the elements of the wage, calculation method, payment method, small working hours, holidays and annual paid leaves when concluding the labor contract, the Defendant did not provide the above D with a written document that specifies the above working conditions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to D;

1. In full view of the records of passbook transactions, data such as the contents of Kakax dialogue, the specifications of each regular employee program contract and allowances, business registration certificate, allowance specifications, allowance specifications, each employment contract, the dialogue between employees with the same worker, records of recording [the following circumstances recognized by evidence], all of the judgment can be found guilty.

① On August 2016, the Defendant did not pay an employee the amount of KRW 1,161,290 on August 1, 2016.

Accordingly, the Defendant asserts that according to the wage deduction agreement and wage reduction agreement set forth in the “regular professional contract”, the Defendant’s amount to be received by the Defendant from the employee reaches KRW 2,650,000, and that the Defendant’s amount should be deducted from KRW 1,161,290 on August 2016, the Defendant’s side should return KRW 1,48,710 from the employee.

However, the relevant provisions of the "regular professional contract" asserted by the defendant are to estimate the amount of penalty or damages for non-performance of the contract.

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