근로기준법위반
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is the representative director of the Co., Ltd. in Gyeonggi-si, who operates a manufacturing business using 30 full-time workers.
1. An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract;
In such cases, the employer shall deliver a document specifying the matters concerning the composition, calculation method, payment method, contractual work hours, holidays, and annual paid leave to the worker.
Nevertheless, the Defendant is working from July 5, 2019 to January 6, 2020 at the above workplace.
When concluding an employment contract with 12 workers retired while performing their duties as shown in the attached list of crimes, including D workers retired from office, they did not specify the items of wages, calculation method, payment method and contractual work hours, holidays and annual paid leave respectively.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.
Nevertheless, the Defendant is working from April 23, 2019 to November 15, 2019 at the above workplace.
The retirement worker E did not pay the total of KRW 13,236,960 on July 2019, wage of KRW 1,479,240 on August 1, 201, wage of KRW 4,467,240 on September 4, 19, wage of KRW 4,467,240 on October, and monthly wage of KRW 1,823,240 on November 1, 201, without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police on the petitioner (representative) D;
1. The investigation report (the confirmation of the preparation of an employment contract) on the complainant E and the suspect E by the police investigator statement of the complainant E.