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(영문) 부산지방법원 동부지원 2017.08.17 2016고단1818
근로기준법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 200,000 won.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 1818,” is an employer who runs an international conference planning business with the trade name “F” from the 7th floor of Suwon-gu, Busan, and “F”.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant worked in G and F as an agent from July 9, 2015 to March 31, 2016, and retired workers H’ wage of 905,617 won on December 2, 2015, and the amount of divided wage of 1,905,063 won on February 2, 2016, and the amount of divided wage of 1,905,063 won on March 3, 2016, and the total of 6,620,806 won on March 3, 2016, without an agreement on the extension of the payment date between the parties to the payment, were seven workers (one,2,4,5,65,63 won on January 1, 205, 206, excluding the amount of wages of 1,905,063 won on January 6, 2016, excluding the amount of individual wages of 37,381,3784 and 478).

B In the absence of agreement between the parties on the extension of the payment date, each party did not pay the payment within 14 days from the date of each retirement.

The Defendant, “2016 Highest 2282,” is an employer who runs a general restaurant business with the trade name of “F” from the 7th floor of Suwon-gu, Busan.

An employer shall specify working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the items constituting the wages, calculation methods, and methods of payment, and matters concerning the small working hours, holidays, and annual paid leaves.

Nevertheless, when entering into a labor contract with C around May 25, 2015, the Defendant specified the constituent items of wages, the method and method of calculating wages, and the matters of small working hours, holidays, and annual paid leave.

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