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(영문) 창원지방법원 통영지원 2021.01.20 2020고단887
근로기준법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 25, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Labor Standards Act at the Ulsan District Court on September 25, 202, and the judgment became final and conclusive on October 6, 2020.

The Defendant is an employer as a person in charge of business management of E Co., Ltd. (hereinafter referred to as “E”) running a manufacturing business of components of ships with the head office located in Busan Young-gu D and 20 full-time workers at 25-30 workers.

"200 Highest 887"

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

Nevertheless, the defendant, at the place of business located in the above E E through the Dong Young-si, was employed as a melting hole from February 24, 2020 to March 17, 2020, as well as KRW 1,440,000 of the G retired from March 20, 202, and entered in the list of crimes in the annexed list of crimes (number of years).

7. (other than B) Without agreement between the respective Parties on the extension of the payment date, the total amount of KRW 8,635,000 for six workers was not paid within 14 days from the date of retirement.

2. When an employer who violates the Labor Standards Act due to the failure to prepare a labor contract concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 56 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions as prescribed by the Enforcement Decree of the same Act;

Nevertheless, the Defendant, at the above workplace on February 24, 2020, employed H and I as piping lines respectively, and on March 2, 2020, employed B as piping lines respectively at the above workplace on March 2, 2020, did not prepare a labor contract under the above working conditions.

Nevertheless, Defendant 1: (a) served from March 2, 2020 to March 17, 2020 at the above site as Defendant 2: (b) paid 750,000 wages of J that retired from office for the same period; (c) K’s wages of KRW 1,140,000 that retired from office for the same period; and (d) L’s wages of KRW 1,125,000 that retired from office for the same period.

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