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(영문) 울산지방법원 2018.01.19 2017고정1030
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The suspect is an operator of the "C convenience store" in Ulsan-gu, Ulsan-gu, who runs a convenience store business by employing six full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay 34,380 won of D wages of 344,380 won, who worked at the above convenience store from March 4, 2017 to March 26, 2017, within 14 days from the date of retirement in which the cause for payment occurred without agreement between the parties to the extension of payment deadline.

(b) An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the said Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays pursuant to Article 55 of the same Act, and annual paid leave pursuant to Article 60 of the same Act shall be specified in writing and delivered to the worker if requested by the worker.

Nevertheless, from March 4, 2017 to March 26, 2017, the Defendant did not specify and deliver in writing matters concerning the composition items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the above Act, and annual paid leave under Article 60 of the above Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning statements made by special judicial police officers against D;

1. Article 109(1) and Article 36 of the Act on the Standards of Optional Labor for Criminal Facts, Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (a document stating the working conditions);

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