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(영문) 의정부지방법원 고양지원 2021.03.26 2020고정550
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual representative of C located in Ilyang-si, Busan Metropolitan City, and is an employer who ordinarily employs three workers and operates a food business (all-time).

1. An employer who violates the Labor Standards Act for unpaid wages shall, if the employee dies or retires, pay the wages, compensations, and all other money and 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 did not pay the total amount of KRW 5,320,000 as wages of KRW 2,940,00,000 on August 8, 2019, when he/she retired from the said place of business from the said place of business from October 16, 2018 to September 20, 2019, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Labor Standards Act that has not entered into a labor contract 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 to workers when concluding a labor contract, and shall deliver written statements in which the constituent items, methods and methods of calculating wages, prescribed working hours, prescribed working hours under Article 55, and matters concerning annual paid leaves under Article 60 are specified;

Nevertheless, the Defendant did not state in writing the constituent elements of wages, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other matters concerning the working conditions prescribed by Presidential Decree of the same Act while entering into an employment contract with E that retired from the said place of business from September 21, 2019 to September 29, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1.The application of the respective Acts and subordinate statutes.

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