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(영문) 인천지방법원 부천지원 2018.11.08 2017고단2829
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 the E representative director of the company E in the second floor of the D Building in Seocheon-si, who is a full-time worker of 350 workers and operates friertocs.

1. Violation of the Labor Standards Act - When concluding a labor contract, an employer who fails to provide a labor contract shall clearly indicate wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers, and shall issue workers a written statement specifying the items, method and method of calculating wages, prescribed working hours, prescribed working hours referred to in Article 55, annual paid leaves referred to in Article 60;

Nevertheless, the Defendant did not issue a document stating the items of wages, methods of calculating wages, prescribed hours of work, holidays under Article 5, annual paid leaves under Article 55, and Article 60, such as F who was employed on August 21, 2017, Nos. 4, 23, 27, and 39 of the List of Offenses in Attached Crimes, including F employed on August 21, 2017.

2. Violation of the Labor Standards Act - An employer who has not paid wages shall, if a worker dies or retires, pay the worker wages, compensations, or any 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 had worked from September 1, 2017 to September 9, 2017 and submitted a written agreement under the name of G H with the mother of G retired from office. However, the said written agreement is submitted without confirming the intention of G, which may be against the will of G, and thus, it is not recognized as an agreement.

In September 2017, 10,901,161 won in total, 10,901,161 won in arrears in the name of worker 4, as well as 494,950 won in the attached Table of Crimes Nos. 1,16,30,31 was agreed on the extension of the payment period between the parties.

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