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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1607
근로기준법위반
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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the actual representative of K in the J of Gyeongnam-gun, who is employed by 50 full-time workers to engage in the business of manufacturing steel-frames on land.

1. If a worker dies or retires, an employer who violates the Labor Standards Act regarding overdue payment of wages shall pay the worker wages, compensations, or other money or valuables within 14 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 worked in M Co., Ltd. L in Scheon City from October 28, 2019 to January 10, 2020 and did not pay N's retirement wage of KRW 2,406,00 in November 2019, and did not pay KRW 1,2,60,00 in attached Table Nos. 1, 6 through 10, 13 through 19, 23 through 26, as in attached Table Nos. 1, 2, 351,214 in total, including 18 workers' wages, etc., within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. An employer in violation of the Labor Standards Act for the specification of working conditions shall, when concluding a labor contract, specify the working conditions of the worker, such as wages, prescribed working hours, holidays, and annual paid leaves, and shall deliver the worker a written statement specifying the composition and calculation method of wages, prescribed working hours, prescribed working hours, holidays, and matters concerning annual paid leaves;

Nevertheless, the Defendant, while working on October 21, 2019 to November 11, 2019 and concluding a labor contract with retiredO, did not issue a labor contract specifying the method and method of calculating wages, prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect of the police against P;

1. Each police statement made to N, F, Q,O, R, and S;

1. Each complaint, each petition, and each petition;

1. Details of confirmation of facts, such as telephone;

1. Benefits in December 2019:

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