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(영문) 수원지방법원 2014.11.05 2013고정3494
근로기준법위반
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of Young-gu C-103, Young-gu, Suwon-si, who is a user of software development and advisory business using four 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 a labor contract;

In such cases, matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave shall be specified in writing, and the documents stating the working conditions shall be delivered to the relevant worker.

Nevertheless, the Defendant did not specify working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., when concluding a labor contract on February 25, 2013 with E and February 25, 2013 at the said workplace, and did not deliver a written labor contract specifying working conditions.

It can not be evaluated that only the delivery of the employment rules that state the working conditions, etc. can not be evaluated as the delivery of the employment contract, and considering that the employment rules and the nature of the employment contract are different, it can be viewed that the defendant

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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 104,380 on February 25, 2013 at the above workplace within 14 days from the date of retirement where the cause for payment occurred, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. The police of E.

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