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(영문) 인천지방법원 2018.06.14 2017고정2693
근로기준법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

The defendant is the representative of the Seo-gu Incheon Metropolitan City C building and the D Foreign Language Private Teaching Institutes established under 101, who runs the business of foreign language private teaching institutes using three full-time workers.

1. 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;

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

Nevertheless, the defendant worked in the above workplace from March 22, 2017 to April 17, 2017, and did not pay 346,290 won of wages during the same period as the retired English instructor E, within 14 days from the date of his retirement, without an agreement on the extension of the payment deadline.

2. An employer shall, when he/she concludes a labor contract, specify matters such as wages, prescribed working hours, holidays, etc. to the workers, and deliver the workers in writing specifying the constituent items, calculation method, and payment method of wages, prescribed working hours, holidays, etc.;

Nevertheless, the defendant was employed as an English instructor on March 22, 2017 in the above workplace.

E and wages did not specify in writing the items, calculation method, payment method, prescribed working hours, holidays, etc. of E and wages.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of provision of labor, records of work, reference materials, reference materials (not on April 14 works), reference materials (not on work) and application of Acts and subordinate statutes that report the results of investigation;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1), 36 of the Standards for Optional Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a violation of an obligation to provide written statements clearly stating working conditions);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

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

1. The order of provisional payment;

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