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(영문) 부산지방법원 2021.01.28 2020고정1019
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of C, a corporation in Busan Young-gu, who is a full-time worker, and operates an engine repair and parts supply business using nine full-time workers.

1. An employer who has not issued a labor contract shall clearly state 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 the Enforcement Decree of the same Act to workers when concluding a labor contract, and shall deliver written statements specifying the items, calculation method, payment method and small working hours of wages, the holidays under Article 55 of the same Act, the annual paid leaves under Article 60 of the same Act;

Nevertheless, on May 1, 2017 and February 25, 2019, the Defendant concluded a labor contract with workers D at the above workplace, and did not deliver to the above D a written document stating the above working conditions.

2. When a worker dies or retires, an employer who has not paid money or valuables shall pay him/her 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 did not pay an annual paid leave allowance of 912,257 won during the period from May 1, 2017 to July 25, 2018, and from February 25, 2019 to November 30, 2019, to employees D’s non-paid leave allowances during the period from May 1, 2017 to July 25, 2018; and the Defendant did not pay an annual paid leave allowance of 806,104 won during the period from February 25, 2019 to November 30, 2019; and did not pay an annual paid leave allowance of 621,94 won during the holidays and extended allowances from February 25, 2019 to November 30, 2019 to KRW 148,798, 198, 200, 3738, 194, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1.The application of the Acts and subordinate statutes to the reports on the acquisition of each internal data.

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