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부산지방법원 2017.06.15 2016고정3199

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.


Criminal facts

Some of the facts charged were corrected.

The Defendant is an employer who runs a parking management business, such as a public parking lot, etc. in Jung-gu, Busan, using five full-time workers under the trade name of “D” in Busan.

1. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, 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, methods of payment, small working hours, holidays, and annual paid leaves among them;

Nevertheless, on August 7, 2015, the Defendant concluded a labor contract with G at the same workplace and did not deliver a document stating the above matters to G when concluding a labor contract with G.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and 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, on September 30, 2015, the Defendant did not pay KRW 1,224,00 of G wages of workers retired from the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of the current status of service (seven pages of investigation records), calendar (22 pages of investigation records), welfare transportation cards (67 pages of investigation records), business registration certificates, and entrustment management contract (95 pages of investigation records) and statutes;

1. Article 114 Subparag. 1, Article 17 of the Act on the Standards for Selective Labor for Criminal Facts, and Articles 109 (1), and 36 of the Labor Standards Act (the point of failing to provide documents that specify the working conditions), Articles 109 (1), and 36 of the same Act (the point of failing to liquidate gold, the selection of fines);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.