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(영문) 수원지방법원안산지원 2020.10.29 2020고단3330
근로기준법위반
Text

1. The defendant shall be punished by a fine of two hundred thousand won;

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a D representative located in subparagraph c of the building B at Si interest, who operates convenience store business using one full-time worker.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the items of wages, calculation methods and payment methods, contractual work hours, holidays under Article 55 of the same Act, and annual paid leaves under Article 60 of the same Act are clearly stated.

Nevertheless, while concluding a labor contract on November 1, 2019 to June 7, 2020 and on November 1, 2019, the Defendant did not deliver to the employee a document specifying 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. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

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

Nevertheless, the Defendant did not pay the wages of 233,640 won in January 1, 2019 to June 7, 2020, the wages of 274,880 won in February 2020, the wages of 274,880 won in March 2020, the wages of 274,880 won in April 274, 2020, the wages of 274,8880 won in May 2020, the wages of 274,880 won in May 20, and the wages of 68,720 won in June 7, 2020, and the wages of 68,720 won in June 7, 2020 within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties on the extension of the payment date.

2. Determination.

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