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(영문) 인천지방법원 부천지원 2016.04.29 2016고정322
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of Kimpo-si C in Kimpo-si who runs a manufacturing business using 12 full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to workers.

Nevertheless, while concluding a labor contract with D who worked as a counter-technical person from June 6, 2015 to September 18, 2015 at the above workplace, the Defendant did not deliver to the employee without specifying in writing matters concerning the constituent elements, calculation method, payment method, prescribed working hours, holidays and annual paid leave.

2. The Defendant did not pay 170,000 won of wages of September 9, 2015 and wages of 1700,000 won from October 9, 2013 to July 31, 2015, respectively, within 14 days from the date of his/her retirement without agreement on the extension of the payment deadline, at the same place of business as the first-class engineer from June 6, 2015 to September 18, 2015.

3. The Defendant did not pay KRW 3,007,147 of E retirement pay, which was worked from October 9, 2013 to July 31, 2015, within 14 days from the date of retirement, without an agreement on extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes of E and D;

1. Article 114 subparagraph 1 of the relevant Act and Articles 114 and 17 of the Standard Labor Standards Act for Criminal Facts, Article 109 (1) and Article 36 of the Standard Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of wages is not made in writing, clearly stating the working conditions), Articles 109 (1) and 36 of the same Act, and Articles 44 subparagraph 1 and 9 of the same Act;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (E).

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