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(영문) 서울남부지방법원 2015.07.01 2015고정588
근로기준법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is a representative of Yeongdeungpo-gu Seoul Metropolitan Government C and D, who runs trade business with six regular workers.

1. On August 19, 2013, the Defendant, who violated the working conditions specified, did not deliver to E a written labor contract specifying the aforementioned matters, despite the fact that he/she, while entering into a labor contract with a worker E at a D office, issued to the worker a written document specifying the composition, calculation method, payment method, working hours, holidays, annual paid leave, etc. of wages.

2. On July 9, 2014, the Defendant, in violation of prior notice of dismissal, dismissed the above E by means of delivering the notice of termination of the labor relationship to the worker E, on the grounds of “the neglect of duty, the representation, and the creation of a staff member and a staff member, etc.,” and did not give prior notice for thirty (30) days or pay ordinary wages for thirty (30) days or more at an engineering office.

3. From August 19, 2013 to July 9, 2014, the Defendant did not pay KRW 2,464,028 of the unpaid wages of E who worked for the pertinent company within 14 days without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. The part of the statement of the police appellant in relation to E, and the part of the statement of the police investigator in relation to E

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109(1) and 36 of the Act on the Selection of Punishment, Articles 110(1) and 26 of the Labor Standards Act, Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (a point where payment of unpaid wages and fine is not made);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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