logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.12.21 2017고정523
근로기준법위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, as the representative of the corporation D Co., Ltd. located in the Gu, is an employer who runs the business of developing and supplying applied software using three full-time workers.

1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the matters concerning the constituent items of wages, methods of calculating and paying wages, prescribed working hours, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 are specified;

Nevertheless, when concluding a labor contract with a worker E on January 16, 2017, the Defendant did not deliver to the employee a written statement specifying matters concerning the constituent items of wages, calculation method, payment method, prescribed working hours, holiday under Article 55, and annual paid leave under Article 60.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 had worked from January 16, 2017 to March 3, 2017 at the above workplace and had not paid KRW 3,000,000 within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to the details of transfer of photographs and overdue payments following the Kakao Stockholm course;

1. Article 114 subparag. 1, Article 17 of the Act on the Standards of Selective Labor for Criminal Facts, Articles 109(1), and 36 of the Labor Standards Act (which means a violation of the duty to specify the working conditions), and Articles 109(1), and 36 of the Labor Standards Act (which means the payment of wages;

arrow