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(영문) 의정부지방법원 2013.05.30 2013고정984
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative B who runs a construction business with five regular workers. A.

Although the Defendant directly pays the full amount of wages to workers in currency, the Defendant is working from October 26, 201 to January 18, 2012.

When wages are paid to retired C, 280,000 won of wages on October 201, 201, 300,000 won of wages on November 201, 201, wage of 200,000,000 won of wages on December 2011, 201, and 300,000 won of wages on January 2012, 201 did not pay 1,080,000 won of money and valuables within 14 days from the date on which the cause for payment occurred without an agreement on extension of payment due date between the parties concerned.

(b) An employer shall clearly state in writing wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract;

In such cases, matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the relevant employee if requested by the employee, but the Defendant did not specify in writing the working conditions, such as wages, when concluding a labor contract with the said employee C on October 26, 201.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of special judicial police officer;

1. Application of Acts and subordinate statutes for transfer certificate;

1. Article 109(1), Articles 36, 114, and 17 of the Labor Standards Act and Articles 109(1), 36, 114, and 17 of the same Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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