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(영문) 서울서부지방법원 2019.05.23 2018고정412
근로기준법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a representative in Seodaemun-gu Seoul Metropolitan Government C apartment and is a user who runs a resident sports facility business using ten full-time workers.

1. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 5, annual paid leaves under Article 60 to workers;

Nevertheless, the Defendant did not specify in writing the elements of wages, calculation method, payment method, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60, and other matters concerning the working conditions prescribed by Presidential Decree while concluding a labor contract with D that he/she retired from office as a person in charge of the health radar management from September 14, 2015 to April 17, 2017.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from September 14, 2015 to April 17, 2017, was in charge of the healthcare management and retired from D’s wages 2,172,192 were not paid within 14 days from the date of retirement without an agreement between the parties to the extension of the due date.

3. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That where special circumstances exist, the agreement between the parties shall be reached.

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