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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단3100
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the actual representative of the Dispute Resolution Co., Ltd., which is in the Co., Ltd., and is an employer who operates a manufacturing business using three regular workers.

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

Nevertheless, the Defendant did not pay KRW 4,640,00,00 in total wages of two workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as stated in the attached crime list, including KRW 2,800,00,000, which was retired from the Defendant’s service in the said workplace from September 4, 2017 to September 12, 2018.

2. An employer shall clearly state 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, and shall deliver written statements specifying the constituent items, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, when concluding a labor contract with D and one other, who worked from September 4, 2017 to September 12, 2018 at the above workplace, the Defendant did not issue a document stating the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 114 subparag. 1 and 17 of the same Act concerning the choice of punishment (which means a failure to pay wages and a fine);

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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