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(영문) 창원지방법원 마산지원 2016.09.20 2016고단164
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2016 Highest 164"

1. The Defendant in arrear of wages is a D representative in the Hannam-gun C, who employs 7 full-time workers and engages in manufacturing business of steel structures.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 60,810,000 won, including the total amount of wages of 17 workers at the same workplace from March 22, 2015 to July 10, 2015, including the total of 2,80,000 won for June 2015 of E retired workers E, and the total of 1,260,000 won for July 2016, as indicated in the details of unpaid money and valuables by each individual, within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement on the extension of payment date between the parties.

2. An employer who fails to provide written statements specifying working conditions shall deliver workers a written document specifying the constituent items, method of payment, prescribed working hours, holidays, etc. of wages when concluding a labor contract;

Nevertheless, as described in paragraph 1, the Defendant did not deliver the above documents in entering into a labor contract with E workers employed in the above workplace, as well as with 17 workers of the same workplace and each of the above documents in entering into a labor contract with E workers employed in the above workplace.

The defendant of "2016 Highest 736" is a person who operates a manufacturer of a mutual steel structure of "D".

On May 13, 2015, the Defendant is preparing for the operation of the factory in the H office operated by the victim G in Kimhae-si F around May 13, 2015 to the victim.

The price of the goods will be settled as the project cost that is currently in progress by supplying tools, hardwares, etc.

Section 2.2. The term “Woo” means Section 4.

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