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(영문) 인천지방법원 2018.04.20 2018고정384
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 the Nam-gu Seoul Metropolitan City, the fourth-story District Dispute Resolution D, who employs four full-time workers and operates the UN Entertainment business.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent elements, calculation methods, payment methods, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to such workers;

Nevertheless, the defendant did not prepare a document stating the composition items, calculation method, payment method, prescribed working hours, holidays pursuant to Article 55, and annual paid leave pursuant to Article 60 at the above workplace from October 27, 2016 to December 28, 2016, and did not deliver it to the worker.

2. 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 did not pay the total amount of KRW 4,000,000 of the wages in arrears, including the wages in arrears of two workers E, who worked in the said workplace from October 27, 2016 to December 28, 2016, and KRW 3,000,000 of the wages in December 1, 2016 to June 30, 2017 ( KRW 1,000,000 of the wages in May 2017, and KRW 2,000,000,000 of the wages in arrears of two workers, including those in arrears, within 14 days from the date on which the grounds for payment occurred without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement, written statement, and written evidence of the F and E;

1. Application of the benefit passbook details and the statutes governing Kakao Stockholm details;

1. Criminal facts;

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