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(영문) 대구지방법원 2021.01.21 2020고정1128
근로기준법위반
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 representative of the Daegu Suwon-gu Building C, who employs three full-time workers and operates a manufacturing business (manufacture and sale of cosmetics) as the representative of the Dispute Resolution Co., Ltd.

(a) When a worker dies or retires, the employer of liquidation of money or valuables shall pay wages, compensations, or other money or valuables within 14 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 worked in the above workplace from June 13, 2019 to October 3, 2019, and retired from the above workplace, the amount of KRW 250,000 in June 2019, the wage of KRW 250,000 in July 2019, the wage of KRW 250,000 in August 2019, and the total of KRW 750,000 in August 2019 shall not be paid until 14 days after the date of retirement without agreement between the parties on the extension of the payment period between the parties.

(b) An employer shall clearly indicate wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, and payment method of wages, prescribed working hours, leave under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to workers.

Nevertheless, while concluding a labor contract with an employee E who was employed on June 13, 2019 in the above workplace, the defendant did not clearly state and deliver in writing matters concerning the constituent items, calculation method, payment method, prescribed working hours, the leave under Article 55, and the annual paid leave under Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries into the details of the legal deposit transactions of witnesses E, forms of a labor contract, photographic forms, Stockholm details, and the application of statutes on business registration certificates;

1. Relevant Article of the Act concerning facts constituting an offense and the standard of selective labor;

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