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(영문) 수원지방법원 평택지원 2017.06.07 2017고정77
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a real representative of Pyeongtaek-si B and C located on the first floor and is a user who runs a drinking service business using two full-time workers.

1. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions as prescribed by Presidential Decree to workers, and deliver to the workers a written statement specifying the composition method and payment method of wages, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, the defendant in the above workplace from August 18, 2016 to the same year.

9. In concluding a labor contract with retired workers D, the person did not deliver to the employee a written document specifying the working conditions, such as a labor contract and wages, while having worked for up to 23.

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;

Nevertheless, the defendant in the above workplace from August 18, 2016 to the same year.

9. A retired worker D who had worked until September 23, 2016 and had not paid KRW 220,000 on September 201 to D within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes to file a petition or file a criminal investigation report (to hear a true telephone statement);

1. Article 114 Subparag. 1, Article 17(1) of the Act on the Standards for Selective Labor for Criminal Facts, Articles 109(1) and 36 of the Labor Standards Act, and the selection of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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