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(영문) 서울동부지방법원 2020.08.13 2019고정1112
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a user who runs a construction business with eight regular workers, who is a representative director of Songpa-gu Seoul Metropolitan Government building B and D (main) with the third floor C.

1. An employer who fails to prepare a labor contract shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding the labor contract, and shall deliver written statements in which matters concerning the composition of wages, calculation methods, payment method, contractual work hours, holidays under Article 5, and annual paid leaves under Article 60 are specified;

Nevertheless, the defendant is working from September 20, 2016 to October 24, 2018 at the above workplace.

Labor E division of retired workers, and work from October 21, 2017 to October 24, 2018.

When concluding each employment contract with F of retired workers F, the matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leave under Article 60 have not been specified and delivered in writing.

2. When a worker dies or retires, an employer who is not paid a retirement allowance or annual allowance shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the defendant is working from September 20, 2016 to October 24, 2018 at the above workplace.

A retired worker E, including the amount of wages of 3,870,960 won in October 2018, did not pay 18,829,410 won in total as well as 21,328,229 won in total for retired workers E and F2, and retirement allowances within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. E-persons who have written part of the accused's statement in the first trial record; and

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