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(영문) 춘천지방법원 강릉지원 2016.09.09 2016고단456
근로기준법위반
Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the user who is the representative of D in the second floor of Gangwon-si C building and is engaged in light of the operation of a light by using one full-time worker.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act due to failure to pay wages, such as wages, shall pay the worker wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor between July 1, 2014 to April 30, 2015 and then retired workers E’s wages of KRW 1,50,000,000 on October 1, 2014, the amount of divided wages of KRW 2,50,000 on November 1, 2014, the amount of divided wages of KRW 1,290,322 on December 2014, the amount of divided wages of KRW 1,451,612, the amount of divided wages of KRW 1,50,50,000 on February 1, 2015, the amount of KRW 2,50,000 on March 3, 2015, the amount of KRW 2,50,000 on wages of KRW 2,50,000 on April 250, 2015, the amount of KRW 130,1437,194.

2. An employer who violates the Labor Standards Act by failure to provide a written labor contract shall, when concluding a labor contract, deliver to the worker a written statement specifying the constituent items, calculation method, and payment method of wages, working hours, holidays, and annual paid leaves;

Nevertheless, while entering into a labor contract with workers E on July 1, 2014, the Defendant did not deliver the written labor contract in which the above matters are specified to E.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including a substitute part of the E);

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on recording;

1. Violation of the Labor Standards Act due to failure to pay money or goods to the relevant criminal facts and the determination of punishment: Article 109(1) and Article 36 of the Labor Standards Act, which violates the Labor Standards Act due to failure to provide written labor contracts: Article 114 subparag. 1 and Article 17 of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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