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(영문) 창원지방법원 밀양지원 2015.06.11 2013고단367
근로기준법위반등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is an employer who operates ready-mixed manufacturing business, employing 10 full-time workers as the actual representative of (State)C located in Gyeongnam-gun.

1. Where an employer violating the Labor Standards Act due to a violation of the regulations on settlement of money or valuables dies or retires of the employee, the employer shall pay wages, compensations, and other money or valuables within fourteen 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 the total amount of KRW 21,150,408 to seven workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement on the payment between the parties, as shown in the attached Form C to October 24, 201 and November 11, 2012, including the amount of KRW 2,00,000,000 for wage of October 2, 201, the amount of November 66,670, annual paid leave allowance of KRW 813,559, total amount of KRW 3,480,229, as well as the amount of unpaid money and valuables (1) for each individual.

2. An employer who violates the Labor Standards Act due to a violation of the provisions on the stipulating working conditions shall clearly state wages, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree to the workers when concluding a labor contract;

In such cases, a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave shall be delivered to workers.

Nevertheless, the Defendant concluded a labor contract with the employees D, E, F, G, H, I, and J of the above-mentioned C on a temporary basis, such as the entry date of each of the items of unpaid money and valuables due to each of the annexed individuals (1) and did not specify the contractual work hours, holidays, and annual paid leave, and did not deliver the documents stating the above matters to the above employees.

3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall be employed by workers;

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