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(영문) 의정부지방법원 2019.01.18 2017고단2592
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The Defendant is the representative of the “Foundation,” a foundation corporation C located in two weeks in Gyeonggi-do and is an employer engaged in the service business by using 70 full-time workers.

When an employer enters into a labor contract, he/she shall deliver workers with a written statement clearly stating wages, prescribed working hours, holidays, annual paid leave, and other working conditions to the workers.

Nevertheless, the Defendant did not prepare and deliver a labor contract stating wages, prescribed working hours, holidays, annual paid leave, and other working conditions at the above workplace, while entering into a labor contract with D that was worked from August 2015 to August 31, 2016, and E that was worked from January 7, 2015 to August 31, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes on the protocol of examination of witnesses to D and E;

1. Subparagraph 1 of Article 114 of the Labor Standards Act concerning criminal facts;

1. Penalty fine of 300,000 won to be suspended;

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 inducement of a workhouse (100,000 won per day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the instant workers do not want punishment against the Defendant, and the instant workers were retired while serving in the Incorporated Foundation C even before the instant case, and the written employment contract was prepared at the time of the previous employment but did not prepare the written employment contract at the time of re-admission, and there is a reason to consider the circumstances of the crime since the period after re-admission does not run until the time of re-admission, and the Defendant’s primary crime) is dismissed.

1. Summary of the facts charged

(a) 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, it is not appropriate.

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