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(영문) 수원지방법원 2017.11.15 2017고정1256
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, as the representative of the F Co., Ltd. in Gwangju City, is an employer who runs a distribution business using 35 full time workers.

[2017 High Court Decision 1256]

1. The Defendant violated the Labor Standards Act due to unpaid wages, etc. did not pay KRW 4,586,538 from June 7, 2010 to June 30, 2016 to G workers who worked in the said F, within 14 days from the date of retirement, without agreement between the parties to the extension of the period, for the amount of KRW 4,586,538 from July 7, 2013 to June 30, 2015.

2. On April 1, 2014, the Defendant violated the Labor Standards Act due to the failure to provide a written statement specifying working conditions, and the Defendant did not deliver a written statement specifying working conditions, such as wages, to the Defendant, even though concluding a labor contract by changing working conditions, such as the said G and wage.

[2017 High 1257] The Defendant stated the difference of wages in the indictment as “1,54,096 won” from October 15, 2001 to March 11, 201, the amount of unpaid retirement pay based on the entire amount on the record is recognized as 1,149,147 grounds, since he/she retired from his/her place of business from March 12, 2013 to March 11, 2016, and 6,790,590, 149,147 won for unpaid retirement pay paid during the year from March 12, 2013 to March 11, 2016.

B The summary of the evidence not paid within 14 days from the date of retirement without agreement between the parties to the agreement on the extension of the payment date [2017 senior 1256];

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A detailed statement of benefits, a ledger of benefits, and a labor contract (2017 fixed term 1257);

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A report on internal investigation:

1. Each labor contract, retirement allowance calculation statement (in 4 pages of investigation record), wage ledger, and retirement income collection receipt / Defendant and defense counsel / Defendant and defense counsel / at the time of signing a labor contract, the aforementioned parties include wages (12/13) and retirement allowance (1/13) in the total annual salary amount at the time of signing a labor contract, but the retirement allowance is separate.

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