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(영문) 서울북부지방법원 2017.08.24 2017고정918
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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 the representative of Seongbuk-gu Seoul Metropolitan Government C C C C C C C C, who employs three full-time workers and operates a Cception room.

1. From March 27, 2016 to April 25, 2016, the Defendant did not pay KRW 1,030,030,00 in total, as wages of 73,200, and wages of 957,70,000 on April 2016, to workers D who were retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.

2. An employer shall, when concluding a labor contract, specify wages, prescribed working hours, etc. to the workers, and deliver written statements specifying the constituent items, calculation method, and payment method, prescribed working hours, holidays, annual paid leaves, etc. to the workers;

On March 27, 2016, the Defendant concluded a labor contract with a worker D at the same workplace on March 27, 2016, without specifying the items of wages, the calculation method, and payment method of wages, the prescribed working hours, holidays, and the annual paid leave, etc., to the worker.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of fact;

1. A written petition;

1. Application of Acts and subordinate statutes to report on the acquisition of internal investigation data;

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 109(1), 36 of the Act on the Standards for Selective Labor, Article 114 Subparag. 1, 17 of the Labor Standards Act, and selection of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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