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(영문) 서울중앙지방법원 2014.04.07 2014고단1259
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 the representative director of C, Inc. located in Overcheon-si, who runs the wholesale and retail business of cosmetics using ten full-time workers.

1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leave under the Act and subordinate statutes, and other working conditions of an employee when concluding an employment contract. In such cases, when concluding an employment contract with an employee D, the Defendant did not state in writing matters concerning the composition and calculation method of wages, payment method, contractual work hours, and annual paid leave on February 14, 2012.

2. Where an employer dies or retires, he/she shall pay wages, compensations, and other money or valuables within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay the wages of 315,017 won on April 14, 2012 to 31, 2013 as wages of 402,521 won on May 201, 2012; 420,022 won on June 36, 2012; 367,520 won on July 367, 207; 402,521 won on August 36, 207; 38,520 won on August 14, 2012; 38,50 won on August 36, 207; 38,500 won on August 38, 2012; and 38,020 won on October 39, 2012;

Summary of Evidence

1. Defendant's legal statement;

1. The first written statement prepared by a special judicial police officer against D (No. 4 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to the calculation details of overtime service allowances (No. 10 No. 10);

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, and Articles 109 (1) and 36 of the Labor Standards Act, concerning criminal facts;

1. Article 37 of the Criminal Code among concurrent crimes.

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