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(영문) 서울서부지방법원 2018.03.30 2018고단292
근로기준법위반
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

The defendant is an employer as the representative director of Mapo-gu Seoul Metropolitan Government R (State) C.

1. An employer who fails to fulfill his/her obligation to liquidate money and valuables shall, if he/she retires, pay wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned regarding the extension of the due date for payment;

From November 3, 2016 to December 2, 2016, the Defendant, while working in the foregoing (State)C, did not pay KRW 2,095,483 of the wages of retired workers AH within 14 days from the date of retirement, notwithstanding the absence of an agreement between the parties to the extension of the payment date, and did not pay the total of KRW 86,585,367, including 28 of the wages, etc. of retired workers during the period from November 19, 2016 to March 3, 2017, notwithstanding the absence of an agreement between the parties to the extension of the payment date, within 14 days from the date on which the grounds for payment occurred.

2. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.

On October 14, 2016, the Defendant did not pay KRW 2,610,000 of ordinary wages for at least 30 days without giving notice of dismissal while dismissing workers AI at the above (State)C.

3. An employer who has not given a contract for work shall deliver workers a written document specifying the composition items calculation method, payment method, prescribed working hours, holidays, annual paid leaves, etc. of wages when concluding a contract for work; and

On November 3, 2016, the Defendant entered into a labor contract with AH on November 3, 2016, as indicated in [Attachment] Nos. 1 to 18, 2016, including that the Defendant did not deliver to the employee a document specifying the composition of wages, the method of calculating wages, prescribed working hours, holidays, annual paid leaves, etc. when entering into a labor contract with AH.

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