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(영문) 수원지방법원 안산지원 2020.01.10 2019고정530
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 a person who is a manager of the Dispute Resolution D Co., Ltd., and is an employer who operates a construction business by employing one full-time worker.

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;

Nevertheless, the Defendant did not pay KRW 2,116,507 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as well as KRW 1,298,94 on December 12, 2018 of E, who worked from April 18, 2018 to January 17, 2019.

2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

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

Nevertheless, when concluding a labor contract with E on April 18, 2018, the Defendant did not deliver to the employee a written statement specifying the constituent items, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused (including the benefit ledger);

1. Each police statement of E;

1. A complaint and a petition;

1. Inquiries about history;

1. Details of deposits;

1. A report on the receipt of data from internal investigation (e.g., records on e-mail, F details), investigation data input report (F details, text details);

1. A list of transactions;

1. Each written opinion, each investigation results report, and each investigation direction proposal, the accused and the defense counsel have wage between overcoming payments and embezzled money, for the settlement of this objection.

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