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(영문) 광주지방법원순천지원 2020.10.21 2019고정454
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the actual manager of E in netcheon-si D, who employs 10 full-time workers and operates food-raising business.

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 302,80,00 not paid annual paid leave in 2018 from April 27, 2018 to December 30, 2018 at the same place of business, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

2. When an employer concludes a labor contract, he/she shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers, and shall prepare and deliver to the workers a written statement specifying the items of wages, calculation methods, payment method, contractual work hours, holidays and annual paid leaves;

Nevertheless, the Defendant did not deliver to the employee F who was employed on April 27, 2018 and the employee C who was employed on October 14, 2017 a written employment contract stating working conditions to the employee.

Summary of Evidence

1. Each statement of the defendant with respect to F, B, and C, written by the defendant in his/her legal statement;

1. Application of each complaint, each complaint, and each written statement to the Acts and subordinate statutes;

1. Relevant 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 Wages, etc., and Articles 114 subparag. 1 and 17 of the Labor Standards Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the maximum amount of fines for each of the above crimes);

1. The sentence of a suspended sentence of Articles 70(1) and 69(2) of the Criminal Act shall be invalidated or invalidated;

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