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(영문) 광주지방법원 순천지원 2018.12.17 2018고정321
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the C representative in the 1,000 city, who is a user who has run a restaurant by ordinarily employing one worker.

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 in special circumstances, the date may be extended by an agreement between the parties on the extension of payment deadline.

Nevertheless, the Defendant did not pay KRW 800,000 on April 30, 2018, which was employed by the said workplace from March 5, 2018 to April 30, 2018, to the extent that 14 days have not elapsed from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. 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 prepare and deliver written statements specifying the matters concerning the composition, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60;

Nevertheless, when concluding a labor contract with D on March 5, 2018, the Defendant did not issue a document stating the matters concerning the composition of wages, the method and method of calculating wages, the prescribed working hours, the holidays under Article 55, and the annual paid leave under Article 60.

Summary of Evidence

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

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 107, Article 36 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a point where payment of wages and fines is not made in writing) applicable to criminal facts and the former Labor Standards Act for the selection of punishment (Amended by Act No. 15108, Nov. 28, 2017);

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. Attraction of a workhouse;

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