logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.05.13 2016고정92
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 a person who operates a restaurant business using ten full-time workers as the representative of Co., Ltd. in the Seo-gu, Seoyang-gu, Busan Metropolitan City.

1. Violation of the Labor Standards Act;

A. The Defendant, who was not paid wages, did not pay 12,783,270 won in total for eight retired workers within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as stated in the attached crime list, including D’s wage of 201,600 won that was retired while serving as an employee from the above company from January 1, 2014 to May 5, 2015.

B. On December 3, 2014, the Defendant violated the duty to specify working conditions, and the Defendant did not state in writing matters concerning the constituent elements, calculation method, payment method, prescribed working hours, etc. in concluding the labor contract with E in the above company.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) served as an employee from May 1, 2014 to May 16, 2015 at the companies listed in the preceding paragraph; and (b) did not pay KRW 4,562,993 in total to two retired workers within 14 days from the date of retirement, as stated in the list of offenses in the attached Table, without any agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Each written petition and each written statement;

1. Application of Acts and subordinate statutes to the accusation, certified copy of the corporate registry, each business registration certificate, each business registration certificate, the details of payment of wages in March and April, 2014, the details of payment of wages in May 2015, the retirement allowance calculation statement, and the details of money and valuables in arrears;

1. Article 109 (1), Article 36 (Selection of Fines and Fines), Article 114 subparagraph 1, and Article 17 (Violation of Duty to specify Labor Conditions) of the Labor Standards Act concerning facts constituting an offense, Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for respective Workers;

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

1. Attraction of a workhouse;

arrow