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(영문) 인천지방법원 부천지원 2018.03.08 2017고정865
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, as the representative of H in Orcheon-gu G, is an employer who runs the business of manufacturing medical supplies using 12 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 had worked in the said workplace from December 19, 2016 to March 31, 2017, and had not paid the amount of KRW 135,870 as wages of February 2, 2017 and wages of KRW 287,195 as wages of March 2017, without any agreement on the extension of the payment deadline between the parties.

2. In case where an employer suspends his business due to the cause attributable to the employer, the employer shall pay the worker allowances of not less than seventy percent of his average wages during the period of suspension; and

Provided, That if the amount equivalent to 70/100 of the average wage exceeds the ordinary wage, the ordinary wage may be paid as a shutdown allowance.

Nevertheless, the Defendant had worked from December 19, 2016 to March 31, 2017 at the said workplace, and had not paid KRW 1,124,945 in total of the I’s temporary closure allowances as shown in the attached Table, including KRW 118,188 of the I’s temporary closure allowances on October 2016.

3. An employer shall clearly state wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract. In such cases, documents stating the items constituting the wages, the calculation method, the payment method, the prescribed working hours, the holidays referred to in Article 55, the annual paid leaves referred to in Article 60, etc. shall be included therein;

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