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(영문) 대구지방법원 2018.11.29 2018고단2306
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is an employer who operates a manufacturing company using five full-time workers under the trade name of “E” in G, G, B, and the name of “E”.

1. The Defendant, who was not in liquidation of money and valuables, did not pay 3,910,000 won for the total wages of two retired workers from the said workplace from June 1, 2016 to November 29, 2016, as well as 3,910,000 won for workers retired from the said workplace, as shown in [Attachment 2, 3] No. 14 days from the date of retirement without agreement on the extension of payment deadline.

2. On November 28, 2016, the Defendant, at the same time, dismissed workers B from the above workplace without notice of dismissal on November 28, 2016, and did not immediately pay KRW 2,255,110 on the date of dismissal.

3. On May 8, 2016, the Defendant did not deliver to F a document stating working conditions, such as the constituent elements of wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leave, while entering into a labor contract with F at the same workplace on or around May 8, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, F, G, and C;

1. Confirmation of facts, including telephone calls, and investigation reports (verification of criminal punishment and hearing statements from complainants);

1. Application of Acts and subordinate statutes to each petition and each letter;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, Article 110 subparag. 1, Article 26 of the Labor Standards Act, Article 114 subparag. 1, and Article 17 of the Labor Standards Act (a point where payment of pre-employment allowances is not made), Articles 114 subparag. 1, and 17 of the Labor Standards Act (a point where payment of pre-employment allowances is not made);

1. Selection of each fine for each of the remaining crimes except for the violation of the Labor Standards Act by failure to provide a selective labor contract ( even though the defendant had the same criminal records and six times, the defendant recognized the crime, and seems to have been inevitably committed due to the aggravation of management, and endeavored to recover damage by agreement with workers B and C, and the defendant.

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