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(영문) 대전지방법원 2016.08.18 2015고단2206
근로기준법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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, from January 2, 2015 to February 9, 2015, did not pay the total amount of KRW 1,987,474 in arrears with two retired workers under the attached Table, including C 401,760 won in February 2, 2015, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

(b) An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract;

In such cases, a document stating the method and method of calculating the constituent items of wages, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 shall be delivered to workers.

Nevertheless, the Defendant did not deliver a written labor contract in which the matters of wages, prescribed working hours, holidays, and annual paid leave are specified when concluding a labor contract with D that he/she worked as a reporter from October 1, 2014 to February 9, 2015 at the workplace of B, and E that he/she worked as a reporter from November 5, 2014 to February 9, 2015.

2. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage to pay the minimum wage above the minimum wage amount, and 5,210 won per hour during the period from January 1, 2014 to December 31, 2014, and 5,580 won per hour during the period from January 1, 2015 to December 31, 2015 to December 31, 2015 are the minimum wage under the Minimum Wage Act.

Despite this, the Defendant’s work as a reporter from January 2, 2015 to February 9, 2015 at the place of business of a stock company B, the minimum wage in January 2015.

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