근로기준법위반
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is an employer who employs ten full-time workers in the name of “stock company C” from the Nam-gu B and the first floor of Incheon Nam-gu, and employs construction business.
When a worker dies or retires, an employer shall pay the worker wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned, in special circumstances, and shall deliver the worker a written document specifying the matters pertaining to the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave when concluding a labor contract.
"2019, 103"
1. The Defendant, in violation of the Labor Standards Act due to overdue payment of wages, did not pay KRW 4,80,000, totaling KRW 2,400,000 on May 2, 2019, working at the said workplace from September 3, 2018 to June 28, 2019, and KRW 4,80,000,000 on June 6, 2019, without any agreement on extending the payment date.
2. On September 3, 2018, the Defendant violated the Labor Standards Act due to the failure to deliver the written labor contract to D and concluded the labor contract with D on September 3, 2018.
The Defendant of “2019 High-Family 104” did not pay the total of KRW 11,528,100 to two workers within 14 days from the date of retirement, as shown in the attached Table of Crimes, as well as KRW 847,00, which worked from December 3, 2018 to April 30, 2019, as well as KRW 847,000, as shown in the attached Table of Crimes List.
Summary of Evidence
"2019, 103"
1. Defendant's legal statement;
1. The protocol of statement of D by the police "2019, 104";
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes on the details of arrears and copies of business registration certificates;
1. Violation of the pertinent legal provisions and Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) regarding criminal facts.