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(영문) 인천지방법원 부천지원 2018.04.20 2018고정107
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the building B in Bupyeong-si, the building C in 103, the building D in 103, and E in the first floor, who runs the mobile phone sales business using four full-time workers.

1. An employer shall clearly state wages, working hours, holidays under Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and in such cases, he/she shall deliver a written statement specifying the constituent items, calculation method, payment method, working hours, and matters concerning holidays under Article 55 of the Labor Standards Act to the workers;

Nevertheless, the Defendant worked in C from December 1, 2016 to May 1, 2017, and worked in E from January 10, 2017 to May 31, 2017, and concluded a labor contract with H with retired workers G, from January 10, 2017 to May 31, 2017, and did not deliver to the employee a written statement specifying matters concerning the composition items, calculation method, payment method, working hours, and working hours of wages, and holidays under Article 55 of the Labor Standards Act.

2. When a worker retires, an employer shall pay wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant worked in C from December 1, 2016 to May 1, 2017, and worked in C from March 2017 to May 1, 2017, and paid 200,000 won in March 2017, and 2,47,144 won in total, including 2,47,144 won in April 2, 2017, and E from January 10, 2017 to May 31, 2017, and did not pay 2,678,215 won in May 2017 to May 1, 2017 to May 31, 2017 to 2,678, 208, 1,798, 400 won in total, and 39,539,000 won in total among retired workers who were retired within the agreed upon the payment of wages within the agreed date.

Summary of Evidence

1. Statement by the defendant in court;

1. The police of the defendant.

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