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(영문) 수원지방법원 2018.11.08 2018고단1734
근로기준법위반등
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 1734 of "2018 Highest 1734" is the representative of Young-gu, Young-si C and the third floor, who employs five full-time workers and operates a health business.

1. The Defendant did not pay KRW 2,50,00,00 of the wages of E retired from the said workplace as from November 20, 2017 to February 2, 2018, and KRW 1,129,032 of the wages of February 2, 2018, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

2. In concluding a labor contract with a worker B on December 21, 2017, the Defendant did not deliver to the employee a written statement on the constituent items of wages, the method and method of calculating wages, the prescribed working hours, and the annual paid leave.

The defendant 2018 Highest 4236 is the representative D in Young-si C and the third floor in Suwon-si, who employs approximately six full-time workers and operates a health business.

Defendant did not pay KRW 1,800,000 and retirement pay KRW 2,436,164 of March 2018, which was worked at the said workplace from November 23, 2016 to March 31, 2018, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E, F, and B;

1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 subparag. 1, and Article 17 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); Article 44 subparag. 1, and Article 9 of the Guarantee of Workers’ Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is a full-time worker as D representative in Young-si C and the third floor in Suwon-si, Suwon-si.

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