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(영문) 의정부지방법원 2019.02.15 2018고단3262
근로기준법위반
Text

1. The defendant shall be punished by imprisonment for six months and a fine of one thousand won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 20, 2017, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution as a violation of the Management of Mountainous Districts Act by the Do Government District Court, and the said judgment became final and conclusive on October 28, 2017.

The defendant is the representative director of C, an incorporated association in Scheon-si, who employs two full-time workers and operates a business for protection center for organic dogs. A.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements specifying the matters concerning composition, calculation methods, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to the workers.

Nevertheless, on October 7, 2016 through August 31, 2017, the Defendant, upon entering into an employment contract with D and D that retired from office, did not deliver to an employee a document specifying matters concerning the constituent items, calculation method, payment method, contractual hours, holidays under Article 5, annual paid leave under Article 60, while entering into an employment contract on October 7, 2016 and retired from office as a cleaning worker from office from October 7, 2017, the Defendant did not deliver to the employee a document specifying the matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55, annual paid leave under Article 60.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and 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 is in the above workplace from October 7, 2016 to August 31, 2017.

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