근로기준법위반등
A defendant shall be punished by imprisonment for nine months and a fine for 500,000 won.
If the defendant does not pay the above fine, 100.
Punishment of the crime
The defendant of "2018 High 1438" is an employer who runs real estate development business by using seven full-time workers as the representative director of Yeonsu-gu Incheon Metropolitan Government D, and a full-time worker.
1. Violation of the Labor Standards Act;
(a) An employer shall specify wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent elements, calculation methods, payment methods, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60;
Nevertheless, the Defendant did not prepare a document stating matters concerning the composition, calculation method, payment method, fixed working hours, holidays under Article 55, and annual paid leave under Article 60 in the said workplace from February 1, 2017 to June 19, 2017, G workers who worked from May 1, 2005 to September 18, 2017, and H workers who worked from July 7, 2016 to August 4, 2017 when concluding each labor contract with the above workplace, and did not deliver it to the workers.
(b) An employer shall, if a worker retires, 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 mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant employed from February 1, 2017 to June 19, 2017 at the above workplace and retired from the above workplace, and did not pay 41,095,262 won (41,095,202 won as stated in the indictment shall be deemed to be a clerical error) of the total amount of four workers as stated in the attached crime list, as stated in the attached crime list, within 14 days from the date on which the cause for payment occurred, without agreement on the extension of the payment period between the parties.
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