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(영문) 대전지방법원 서산지원 2019.05.10 2019고단231
근로기준법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a user who runs a construction business using five full-time workers as a real manager of the building B in Busan Suwon-gu and the third floor Co., Ltd.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, from October 23, 2018 to November 13, 2018, the Defendant did not pay the total of KRW 16,475,000 for seven workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, as stated in the attached crime list, as well as KRW 4,375,00 on November 1, 2018 of E-- which worked at the new hotel construction site in Seocho-si, Seosan-si.

2. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

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

Nevertheless, the Defendant, while working on October 23, 2018 to November 13, 2018, did not specify in writing the major working conditions, such as wages, contractual hours, holidays, annual paid leave, etc., for seven workers, including E, retired from office, as well as E, on October 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to E and six other written statements;

1. Relevant Article 109(1) and 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and the Labor Standards Act.

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