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(영문) 인천지방법원 2017.07.20 2017고정1048
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, as the representative of the “D” under Article 201 of the Gyeyang-gu Incheon Building C, is an employer who runs beauty and beauty business by ordinarily employing four workers.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the payment date may be extended by an agreement between the parties.

Nevertheless, the Defendant did not pay KRW 318,100 out of the E’s wage in November 30, 2016, which was worked from March 23, 2015 to November 30, 2016 at the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

(b) When an employer concludes a labor contract, he/she shall specify the matters on wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act, and shall deliver to the worker a document specifying the items constituting the wages, the calculation method, payment method, prescribed working hours, the holidays under Article 55, and the annual paid leave under Article 60.

Nevertheless, the defendant did not issue a document stating the items of wage composition, calculation method, payment method, prescribed working hours, holidays, and annual paid leave in the above workplace on March 23, 2015, when concluding a labor contract with E in which he worked as thener in the above workplace.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant, at the above workplace from March 23, 2015 to November 30, 2016, is the date of payment between the parties.

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