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(영문) 서울중앙지방법원 2019.11.26 2019고정2316
근로기준법위반
Text

Defendant shall be punished by a fine of 300,000 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 D located in Jongno-gu Seoul Metropolitan Government B and 2nd underground floor C and is the user who operates a coffee specialty by using three regular workers.

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, the defendant from March 18, 2019 to the above workplace.

4. Until December 23, 200, work as staff for manufacturing and selling beverages.

The retired E's wages of 511,020 won on April 2019 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual hours, holidays under Article 55 of the same Act, and annual paid leave under Article 60 shall be delivered to workers.

Nevertheless, when concluding a labor contract on March 18, 2019 with the above E, the Defendant did not deliver it in writing without specifying working conditions, such as the constituent items, calculation method, payment method, and contractual work hours of wages.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019; hereinafter the same shall apply); Article 114 Subparag. 1 and Article 17 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 201; hereinafter the same shall apply); the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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