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(영문) 대전지방법원 2016.07.05 2016고단53
근로기준법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, as the representative of the F Co., Ltd. in Daejeon U.S. E, is an employer who engages in the business of manufacturing experimental equipment using eight full-time workers.

2. Specific details of the crime;

(a) An employer in breach of the duty to present working conditions in writing shall deliver to the employee a written statement specifying the items constituting the wages, the method of payment, and matters such as small working hours, holidays, annual paid leaves, etc.;

Nevertheless, on March 5, 2015, the Defendant employed G workers at the above workplace on March 5, 2015, and did not deliver to the above G documents stating the above matters.

(b) Where a worker dies or retires, an employer unpaid wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred: Provided, That the due date may be extended by mutual agreement between the parties concerned in exceptional circumstances;

Nevertheless, even though the Defendant employed G workers at the above workplace from March 5, 2015 to March 20, 2015, the Defendant did not pay the total of 516,830 won of wages within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, and even if the said G employed workers H (I in error) at the above workplace from December 1, 2014 to June 9, 2015, the Defendant did not pay the total of 4,641,434 won of wages within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties. Despite having employed workers at the above workplace from February 25, 2014 to June 9, 2015, the Defendant did not pay the total of 14,641,434 won of wages within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

(c)

Where an employee of a retirement allowance retires, the unpaid employer shall pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred: Provided, That this shall not apply.

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