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(영문) 대구지방법원 김천지원 2021.01.13 2020고정148
근로기준법위반
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

Defendant

A is an actual manager of corporation C in Gyeong-si, North America, and is an employer who engages in the manufacturing industry by employing 20 full-time workers.

1. An employer shall pay wages, compensations, and other money or valuables within 14 days from the date of retirement, if a worker retires;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant was working in the above workplace on September 4, 2019 and did not pay KRW 1,954,890,00 from the date of retirement within 14 days from the date of retirement, without any agreement between the parties concerned, in the aggregate of KRW 164,650, annual paid leave allowances of September 4, 2019, KRW 200,40, annual paid leave allowances of 514,360, July 2019, and KRW 1,075,480, annual leave allowances of 1,954,890.

2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the items and methods of calculating wages, methods of payment and small working hours, holidays under Article 55, and paid leave under Article 60 shall be delivered to workers.

Nevertheless, on September 4, 2019, the Defendant did not prepare a written labor contract stating the organization items, calculation method, payment method, small working hours, holidays, annual paid leave, and other matters concerning the working conditions prescribed by Presidential Decree, and did not grant the same.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to the current status of service and a detailed statement of annual use;

1. Article 109(1) and Article 36 of the Act on the Standards of Optional Labor for Criminal Facts, and Article 114 subparag. 1 of the Labor Standards Act.

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