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(영문) 서울서부지방법원 2019.01.23 2018고정1068
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 an employer who operates a manufacturing business with eight full-time workers in Mapo-gu Seoul and the third floor.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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, at the above workplace, served as a person in charge of data collection and planning from April 23, 2018 to May 23, 2018 and did not pay the amount of KRW 1,800,000 for May 2018, 2018, which was retired, within 14 days from retirement without an agreement between the parties to the extension of the due date.

(b) When an employer concludes a labor contract, he/she shall specify wages, prescribed working 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, and shall deliver written statements specifying the constituent items, calculation method, payment method, contractual working hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60 to workers;

Nevertheless, while employing a worker C as of April 23, 2018, the Defendant did not deliver to the employee a document specifying the constituent items, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written complaints and submitted materials;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 114 Subparag. 1 and Article 17(2) of the Labor Standards Act (which means the failure to provide written statements on the working conditions), and the choice of fines for criminal facts;

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

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

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