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(영문) 서울중앙지방법원 2018.12.06 2018고정2215
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 director of Mapo-gu Seoul Metropolitan Government Co., Ltd. and 5, and a person in charge of business management who operates a dispatched business using 100 full-time workers.

1. From October 12, 2016 to August 6, 2017, the Defendant violated his/her obligation to liquidate money and valuables did not pay KRW 374,980,00,00 for 30 hours extended to 374,980,00 from the date of retirement to 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties concerned, with respect to 374,980,00 for 30 hours extended to 374,980 employees

2. On August 4, 2017, the Defendant was dismissed on the part of the above E store as of August 6, 2017, and did not immediately pay KRW 1,600,000 of the dismissal allowance corresponding to the amount of ordinary wages for 30 days.

3. An employer who violates the duty to prepare a labor contract shall clearly state the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves, in concluding such contract;

Nevertheless, when concluding a labor contract with the above F on October 12, 2016, the Defendant did not prepare and deliver a written labor contract specifying the working conditions such as wages.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Investigation report (to hear statements from complainants by telephone and report);

1. Application of the Act and subordinate statutes on June 2017 to June 7, 2017, a monthly benefit report, a factual verification, a contract for work, and the details of payment of benefits (a complainant).

1. Article 109(1), Article 36 of the Labor Standards Act for Criminal Facts, Article 110 Subparag. 1, Article 26 of the Labor Standards Act, Article 114 Subparag. 1, and Article 17 of the Labor Standards Act, Article 114 Subparag. 1, and Article 17 of the Labor Standards Act (a violation of the duty to prepare a labor contract);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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