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(영문) 수원지방법원 안산지원 2016.05.18 2016고단227
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who employs 212 full-time workers in Ansan-si, a member D and operates a manufacturing business chain such as light, etc. E (ju).

1. An employer shall clearly state the working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., in concluding a labor contract;

Nevertheless, the Defendant, at around September 20, 2012, did not specify the working conditions while concluding a labor contract with 12 workers from September 20, 2012 to June 20, 2014, as indicated in attached Table 1, such as employment of F at the above E (State) office and failing to specify the working conditions.

2. An employer shall pay wages, compensations, and all other money and valuables within 14 days from the date of retirement unless the date has been extended by an agreement between the parties concerned in extenuating circumstances where a worker retires;

Nevertheless, until May 14, 2014, the Defendant did not pay KRW 120,960 to workers G (work from October 1, 2012 to April 30, 2013)’s unpaid leave allowances of 2013.

3. The employer shall pay wages at least once a month on a fixed date;

Nevertheless, the Defendant paid KRW 1,592,940,000,000,000 paid leave allowances for non-paid annual paid leave from 2012 to 2014, as follows.

A. On January 25, 2013, the Defendant did not pay KRW 661,320 of the worker H’s annual paid leave allowance in 2012, and KRW 542,376 of the worker I’s annual paid leave allowance in 2012.

B. On January 25, 2014, the Defendant did not pay KRW 252,840,000 to workers I’s non-paid allowances for annual paid leave in 2012 at the above E (State office) office around January 25, 201.

(c)

At the above E (State) office around February 25, 2015, the Defendant’s paid leave allowances of 136,404 won (797,724 won paid leave allowances of 2014) paid leave allowances of Ha in 2014 from the annual paid leave allowances of 2014 to the annual paid leave allowances of 797,724.

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