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(영문) 광주지방법원 목포지원 2019.08.16 2019고정129
근로기준법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the C representative director of the Co., Ltd., which is located in B at Sinpo City B, who runs a construction business using 15 full-time workers.

1. The Defendant who was working in the above workplace from September 5, 2018 to October 17, 2018 and retired from office did not pay KRW 1,645,160 of the D’s wages for October 1, 2018 within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. An employer who fails to prepare a labor contract shall deliver to the workers a written document specifying the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave when concluding the labor contract;

Nevertheless, the Defendant did not issue a document stating the items of wages, calculation method, payment method, contractual work hours, holidays, and annual paid leave when concluding a labor contract with D that served from September 5, 2018 to October 17, 2018, and E that served on October 16, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement (D, E);

1. Application of Acts and subordinate statutes to confirm the facts, such as telephone, and the report of investigation (the statement of withdrawal of the appeal concerned);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (which means the failure to provide written statements on working conditions);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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