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(영문) 서울서부지방법원 2017.09.08 2017고정469
근로기준법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a C operator of Seodaemun-gu Seoul Metropolitan Government 2 and 2 who is engaged in food delivery business using four full-time workers.

1. An employer shall clearly state wages, the prescribed working hours under Article 55, the annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent elements, calculation methods, payment methods, the prescribed working hours, the holidays under Article 55, and the annual paid leaves under Article 60 to such workers;

Nevertheless, when concluding a labor contract with workers D on October 31, 2015, or with workers E on May 9, 2016, the Defendant did not specify in writing the constituent elements, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other matters concerning the working conditions prescribed by Presidential Decree under the same Act.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant worked in the workplace from October 31, 2015 to May 10, 2016 at the same workplace and did not pay KRW 200,000,00 in total of wages of workers D on October 2015, and KRW 774,194 in total, wage of May 9, 2016 at the same workplace and KRW 974,194 in total, and KRW 200,000 in total, wage of workers E from May 9, 2016 to August 1, 2016, and did not pay KRW 1,409,67 in total, KRW 1,67 in wages of 1,609,67 in total, KRW 677 in total, KRW 2,53,871 in total within 14 days from the date of an agreement between the parties to retirement.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the interrogation of the accused by the prosecution;

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