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(영문) 서울동부지방법원 2020.11.18 2020고단1605
근로기준법위반
Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

1. The Defendant, as the representative director D in Seongdong-gu Seoul Metropolitan Government, is an employer who runs textile manufacturing business using two full-time workers.

When a worker 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

The defendant works in the above workplace from October 20, 2018 to February 6, 2019.

The retired E’s wage of KRW 200,000 on November 2018, the wage of KRW 200,000 on December 2018, the wage of KRW 200,000 on January 2019, the wage of KRW 200,000 on February 2019, and KRW 1,242,857 on February 2019, did not pay the total of KRW 642,857 on February 2019 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. 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 an employment contract, and shall deliver written statements specifying the constituent elements, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 to workers;

When concluding a labor contract on October 20, 2018 with E and the Defendant retired from the said workplace, the Defendant did not deliver to the employees a written document specifying the constituent elements, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. The police suspect interrogation protocol on the defendant's partial statement;

1. The legal statement of witness E (including the replacement part of the defendant);

1. Application of each police protocol of statement to E;

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

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