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(영문) 광주지방법원 2017.05.25 2016고단5635
근로기준법위반
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Criminal facts

The defendant has been running a manufacturing business of steel structures with the trade name D in the south Masung-gun C.

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.

1. On August 1, 2016, the Defendant did not pay KRW 2,812,500 of wages E of retired workers who worked in D from around August 1, 2016 to October 31, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline, and did not pay KRW 48,145,000 of wages of 14 workers within 14 days from the date of retirement without agreement on the extension of the payment deadline as shown in the attached list of crimes in the attached list of crimes (as described in the attached list of crimes, the Defendant worked in D from August 10, 2016 to September 7, 2016, and did not pay KRW 4,780,000 of wages of retired workers within 5,549,40 days from the date of retirement without agreement between the parties concerned on the total amount of wages, as stated in the attached list of crimes.

B. When concluding an employment contract, an employer shall clearly state the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves, and shall deliver documents specifying the composition of wages, the method of calculating and paying the fixed working hours, holidays, and annual paid leaves, to an employee. However, the Defendant did not deliver documents specifying the working conditions in entering into an employment contract with G, H, I, F, and J on August 10, 2016 ( grouped 597) on March 6, 2016 to September 7, 2016, the Defendant did not pay KRW 420,000 of wages, from K’s retirement to D, from August 1, 2016 to August 31, 2016, the Defendant did not pay KRW 50,500 of wages to the employee who retired from employment without the agreement on the extension of 205,510 days from the date of his retirement to August 25, 2016 (the summary of the evidence payment).

1. The defendant's person;

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