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(영문) 수원지방법원 성남지원 2019.09.05 2019고정302
근로기준법위반
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Gangnam-gu Seoul Metropolitan Government B building C and is an employer who conducts service business using 50 full-time workers.

1. When an employer concludes a labor contract, he/she shall deliver the worker a written document specifying the matters pertaining to the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave;

Nevertheless, on February 17, 2018, the Defendant concluded a labor contract with G workers in charge of plaling work in the F in Gwangju City on February 17, 2018, and did not deliver to workers a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

2. From February 17, 2018 to August 2, 2018, the Defendant did not pay KRW 2,558,024 of G wages of workers at a place specified in paragraph (1) 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. Application of Acts and subordinate statutes to the statement of special judicial police officer to G;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, and Articles 109 (1) and 36 of the Labor Standards Act, concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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