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(영문) 울산지방법원 2018.04.17 2017고정1168
근로기준법위반등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative of D in Gyeong-si Kim Jong-si, and the employer who runs a construction business using four full-time workers.

1. Where a worker dies or retires, an employer who is not paid wages 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 mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the wages of 870,000 won for February 2, 2017, the total amount of wages of 260,000 won for March of the same year, and the wages of 1,130,000 won between the parties concerned within 14 days from the date of retirement without agreement on the extension of the payment period between the parties to the same year and the above place of business from December 15, 2015 to March 2, 2017.

2. An employer who fails to pay a retirement allowance shall, if a worker retires, pay such retirement allowance within 14 days after the ground for such payment occurred.

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

Nevertheless, the defendant did not pay KRW 3,347,233 of the above E's retirement pay within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

3. An employer who has not given a labor contract shall deliver to the worker a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, holidays provided for in Article 55, and annual paid leaves provided for in Article 60, when concluding a labor contract;

Nevertheless, while concluding the above labor contract with E, the defendant did not deliver to the worker a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, holiday pursuant to Article 55, and annual paid leave pursuant to Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E;

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