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(영문) 광주지방법원 목포지원 2018.08.10 2018고정30
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a user who carries on financial business under the trade name of “C” in Sipo-si B.

1. An employer who has not given a written notice of labor contract shall deliver the worker a written document in which the constituent items, method of calculation, method of payment, etc. of wages are specified when concluding the labor contract

Nevertheless, the Defendant concluded a labor contract with workers D at a workplace around July 13, 2017, and did not deliver to D a document stating the constituent elements, etc. of wages.

2. An employer who fails to pay wages shall, if a worker retires, pay wages within 14 days after the cause for such payment occurred, unless agreed by the parties concerned.

Nevertheless, the Defendant had worked in the workplace from July 13, 2017 to September 12, 2017 and had retired from the workplace and had not paid KRW 675,151, and KRW 526,610 of the E’s wages, and KRW 1,201,761 of the two workers’ wages from August 28, 2017 to September 20, 2017, within 14 days from each retirement date without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Each legal statement of witness D and F;

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

1. Each police statement made to D or E;

1. A written statement;

1. Application of each relevant statute;

1. Article 114 subparagraph 1 of the relevant Act, Articles 114 and 17 (2) of the Act on the Standards for Selective Labor for Criminal Facts (the point of not issuing written labor contracts), Articles 109 (1) and 36 of the Labor Standards Act (the point of not paying wages, the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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