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(영문) 수원지방법원 2014.02.07 2013고정3477
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of Suwon-si CPak in Suwon-si B, who ordinarily employs 10 workers and operates the PPPS operation business.

1. The employer shall pay wages, compensations, and all other money or valuables to the worker;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above workplace from October 8, 2012 to November 19, 2012, served as Schoman and did not pay KRW 620,000 of D’s wages within 14 days from the date of retirement when the cause for the payment occurred without agreement between the parties to the extension of the due date.

2. An employer shall clearly state wages, working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, matters concerning the constituent items, calculation method, payment method, working hours, holidays, and annual paid leave shall be specified in writing and delivered to the worker if requested by the worker.

Nevertheless, the Defendant, at the foregoing workplace from October 8, 2012 to November 19, 2012, did not specify in writing matters concerning the composition items, calculation method, working hours, holidays, and annual paid leave when concluding a labor contract on October 8, 2012 with D and D that retired from office.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act, the selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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