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(영문) 대구지방법원 김천지원 2019.03.26 2018고단1341
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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 old and American City B, who ordinarily employs one worker and operates the manufacturing industry (a processed part, household product, etc.).

1. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, a document stating the items, calculation method, payment method and contractual work hours of wages, holidays referred to in Article 55, and annual paid leave referred to in Article 60 shall be delivered to workers.

Nevertheless, from June 5, 2018 to June 5, 2018, the Defendant is performing processing duties, such as automated parts and household goods, in the duties of field employees C.

When concluding a labor contract with DD that retired on July 6, 2018, the parties did not prepare and deliver a written employment contract specifying the constituent items, calculation method, payment method and contractual work hours of wages, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, on July 6, 2018, did not pay 2,98,207 won in total, including D’s wage 2,527,777 won in June 2018, and wage 470,430 won in July 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 114 subparagraph 1 of the Labor Standards Act, Article 117 of the Labor Standards Act (the point of non-delivery of an employment contract), and Article 117 of the same Act concerning criminal facts;

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