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(영문) 대구지방법원포항지원 2020.08.19 2019고정254
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

When the defendant does not pay the above fine, 100,000 won.

Reasons

The defendant is the representative director of corporation C in South-gu B at the time of port, who is engaged in fire-fighting system inspection and maintenance business using 26 workers.

1. 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;

Nevertheless, the Defendant, while working until May 10, 2019 at the above workplace, did not pay 3,240,000 won in total, such as the weekly holiday allowances for retired workers D, within 14 days from the date of retirement, and did not pay 11,340,000 won in total, such as the weekly holiday allowances for three workers, within 14 days from the date of each retirement, as described in the [Attachment Table No. 1 or No. 3].

2. An employer shall, when he/she concludes a labor contract, specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., and deliver written statements in which the matters concerning the constituent items, calculation methods, payment method and contractual work hours of wages, holidays and annual paid leaves are specified to workers;

Nevertheless, on December 10, 2018, the Defendant did not deliver a document stating the above matters to the four employees as shown in the attached list of crimes, including the fact that the Defendant entered into an employment contract with D workers around December 10, 2018.

Summary of Evidence

1. Statements made by the accused in part of the first trial records (a denial of paragraph (1) of the facts of crime and confessions under paragraph (2));

1. Legal statement of witness D;

1. Each police statement made to D, E, D, F, andG;

1. Application of written opinions, criminal report, written petition, full certificate of registered matters, attendance book, wage ledger and statutes;

1. The fact that money and other valuables are not paid for the crime concerned and for the choice of punishment: Articles 109(1) and 36 of the Labor Standards Act; and the fact that each written non-delivery of fines is made, respectively; and

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