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(영문) 서울남부지방법원 2014.12.02 2014고정2525
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of the Gangseo-gu Seoul Metropolitan Government D Building 601 (ju) E, who employs 20 full-time workers and operates the manufacturing business of the card issuing machine.

1. Violation of the Labor Standards Act;

(a) 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;

Nevertheless, the Defendant had worked from January 21, 2013 to March 20, 2014 at the above workplace and had not paid KRW 477,410 to the retired employee F's year-end refund within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

(b) An employer shall deliver a document specifying wages, contractual work hours, etc. to the worker when concluding the employment contract;

Nevertheless, on January 21, 2013, the Defendant concluded a labor contract with workers F at the same workplace and did not deliver to workers F a written document that specifies wages, contractual work hours, etc.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall require a retirement pension trustee to pay the full amount of the benefits that he/she is liable to pay within the scope of the reserve within 14 days from the date the grounds for the payment of the benefits, such

Nevertheless, the Defendant, at the same place of business, worked from January 21, 2013 to March 20, 2014, did not let the retirement pension trustee pay KRW 4,270,831 of the F retirement pay to the retired worker within 14 days from the date of retirement.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of employment contracts, annual salary contracts, employment insurance subscription history, average wages and retirement allowances, detailed statement of wages in April 2013, provisions of Acts and subordinate statutes governing transactions in passbooks;

1. Article 109(1) of the Labor Standards Act and Article 109(1) of the same Act concerning criminal facts;

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