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(영문) 대구지방법원 2015.08.28 2015고정172
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is the D representative in Daegu Suwon-gu C, who employs two full-time workers and operates resting restaurant business.

1. If a worker retires from office due to overdue payment of wages, the employer shall pay him/her wages within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked in the foregoing D from December 18, 201 to March 7, 2014, and did not pay KRW 4,191,530,00,000 from the date of his/her retirement without any agreement on the extension of the period, as stated in the list of crimes in attached Form E, which was retired.

2. An employer violating the Labor Standards Act, who has not given a recess time, shall allow workers a recess of not less than thirty minutes if it is four hours or a recess of not less than one hour if it is eight hours if it is for eight hours; and

Nevertheless, the Defendant, while allowing the above E to work for 16:0 to 23:00 hours a day, did not cause more than 30 minutes of recess to work during working hours.

3. An employer who violates the Labor Standards Act due to failure to specify in writing working conditions or failure to grant terms and conditions shall, when entering into an employment contract, specify wages, holidays, and other working conditions as prescribed by the Presidential Decree;

In such cases, a document stating the items, calculation method, payment method, and holidays of wages shall be delivered to workers.

Nevertheless, the Defendant concluded a labor contract with the above E on December 18, 201, and did not deliver to the employees a written document specifying the constituent elements, calculation method, payment method, and holidays.

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

Nevertheless, the defendant's retirement allowance of KRW 1,603,029 shall be paid within 14 days from the date of retirement without agreement on the extension of the date.

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