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(영문) 서울북부지방법원 2020.04.23 2020고정121
근로기준법위반
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 Seongdong-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and is a user who operates the clothing manufacturing business using three full-time workers.

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, the defendant is performing Chinese language interpretation and error management duties from April 1, 2019 to April 9, 2019 at the above workplace.

D's unpaid amount of wages of 153,846 to 692,307 won on April 2019 was not paid respectively within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) 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 to workers when concluding an employment contract, and shall deliver written statements in which matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 are specified;

Nevertheless, the above defendant is the defendant.

On April 1, 2019, when concluding a labor contract on April 1, 2019, the parties did not prepare and deliver a document specifying matters concerning the composition, calculation method, payment method of wages, contractual hours, holidays under Article 5, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D;

1. Application of Acts and subordinate statutes governing the written petition for DNA preparation;

1. Article 109(1) and Article 36 of the Labor Standards Act on criminal facts, the applicable law on punishment, and Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (a violation of the duty to liquidate money and goods, the choice of fines)

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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