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(영문) 서울남부지방법원 2019.06.19 2019고정328
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a D real manager in Yeongdeungpo-gu Seoul Metropolitan Government building B C, who ordinarily employs three workers and operates restaurant business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 is working from June 29, 2018 to July 3, 2018 at the above workplace.

The retirement E's wage of 18,825 won in June 2018, and wage of 26,355 won in July 2018, did not pay 45,180 won in total within 14 days from the date of retirement without any agreement on extension of the due date.

2. 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 to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant is working from June 29, 2018 to July 3, 2018.

When concluding a labor contract with retired E, a written document stating matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 has not been issued to workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a business registration certificate, recruitment, employment notice and duplicate copy;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act concerning the selection of punishment (violation of obligation to liquidate money and other valuables in arrear).

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