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(영문) 서울남부지방법원 2014.12.23 2014고정2166
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 representative of the building management office in Yeongdeungpo-gu Seoul Metropolitan Government, who runs the building management business using 14 regular workers.

1. Although an employer has to specify wages, working hours, holidays, leaves, items of wages, calculation method, payment method, etc. when concluding an employment contract, the Defendant did not specify working conditions when concluding an employment contract with three (3) employees, such as employees D employed on July 17, 2012, E employed on March 7, 2013, and employees F employed on April 4, 2013.

2. The Defendant is working in the foregoing workplace from July 17, 2012 to September 26, 2013.

A retired D’s wages of KRW 1,50,000 on June 6, 2013, KRW 822,580 on July 2013, and KRW 143,540 on May 1, 2013, totaling KRW 2,46,120 on the Workers’ Day, and KRW 2,46,120 on the Workers’ Day, and from April 4, 2013 to September 26, 2013.

The retired FF’s wages of KRW 1,600,000 on June 1, 2013, and holiday work allowances of KRW 191,387 on May 1, 2013, including KRW 1,791,387 on Workers’ Day, and KRW 1,791,387 on March 7, 2013 to June 12, 2013.

The retired E’s total amount of KRW 4,747,803 of the wages of three workers, including KRW 356,327 of June 2013, and KRW 38,277 of the annual paid leave allowance on March 2013, and KRW 95,692 of the worker’s paid holiday allowance on May 1, 2013, including KRW 490,296 of the worker’s paid leave allowance on May 1, 2013, did not pay KRW 4,747,803 of the worker’s paid leave within 14 days from the date on which the cause for payment occurred

3. The Defendant is working from July 17, 2012 to September 26, 2013.

The retirement allowance of 1,756,849 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the due date.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

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