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인천지방법원 2016.12.01 2016고정3066

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a representative of the Cpock Bank in Bupyeong-gu Incheon Metropolitan City, who is a full-time worker and operates the Cpock Bank operating business.

1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60 shall be delivered to workers.

Nevertheless, the Defendant is working from August 16, 2014 to November 1, 2015 at the above workplace.

On August 16, 2014, when concluding a labor contract with retired D and August 16, 2014, it did not specify matters concerning the composition items, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60.

2. 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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 1,496,828 of the wages in arrears within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as shown in the attached list of crimes, including KRW 81,276 of the wages in August 2014 at the above workplace.

3. When a worker retires, the employer shall pay the retirement allowance 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, the defendant extended the payment period between the parties to the above D's retirement pay amounting to KRW 624,977.