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(영문) 서울중앙지방법원 2020.12.10 2020고정1809
근로기준법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a user who operates a service business (a newspaper and periodical) by using ten full-time workers as the representative of the Jung-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd. located in the sixth floor of the building.

1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing, and the same shall also apply where the matters are changed after the conclusion of a labor contract

Nevertheless, the Defendant is working as a newspaper reporter from June 13, 2016 to April 9, 2020 at the above workplace.

When concluding a labor contract with retired D, it did not prepare a written employment contract specifying working conditions in writing.

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

Nevertheless, the Defendant is working as a newspaper reporter from June 13, 2016 to April 9, 2020 at the above workplace.

The retirement D did not pay 750,000 won for April 20 year wages within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the business registration certificate (Evidence No. 6);

1. A copy of a deposit certificate;

1. Application of statutes to inquire into history of insured status;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a failure to provide written statements on working conditions);

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are applicable.

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