logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.04 2015고정2428
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant, as the representative director of Gangnam-gu Seoul Metropolitan Government (K) C, is an employer who runs a musical performance planning business using four regular workers.

1. An employer shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., in concluding a labor contract, and in such cases, he/she shall deliver written statements specifying the items of wages, contractual work hours, weekly paid leaves, and annual paid leaves to workers;

Nevertheless, the Defendant entered into an employment contract with workers D who were employed on July 21, 2014 and E who were employed on July 21, 2014, respectively, and did not specify in writing the working conditions, such as wage composition, but did not deliver a document specifying working conditions.

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 period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant worked in the foregoing workplace from July 21, 2014 to September 26, 2014, and retired from the workplace on August 8, 2014 for D, the sum of KRW 800,000,000 for wages of KRW 1.3 million on September 21, 2014, and KRW 2.1 million for wages of KRW 1.3 million on September 26, 2014 for E who retired from the workplace and worked between July 21, 2014 to September 26, 2014, the Defendant did not pay KRW 80,000 for wages of KRW 1.3 million on September 20, 2014 for two workers, including the sum of KRW 2.1.2 million on September 26, 2014, within 14 days from each retirement date without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Each petition of D or E prepared;

1. Application of the Acts and subordinate statutes to request the money in arrear and to reply thereto;

1. Article 114 subparag. 1 of the Labor Standards Act, Article 117 of the Act on the Selection of Criminal Crimes (which is not a document stating the working conditions) and Article 109 of the Labor Standards Act.

arrow