근로기준법위반등
A fine of KRW 300,00, and a fine of KRW 2 and 3 as stated in the judgment of the defendant shall be punished by imprisonment with prison labor for 4 months.
Punishment of the crime
The defendant is an actual operator of a restaurant in Dongjak-gu Seoul Metropolitan Government B and the first floor, who employs five regular workers and engages in food service.
1. An employer shall, when concluding a labor contract, prepare and deliver to the worker a written document specifying the working conditions, such as the constituent items, calculation method, payment method, prescribed working hours, holidays and annual paid leave;
On September 20, 2018, the Defendant concluded a labor contract with workers D at the above restaurant on September 20, 2018, and did not deliver a labor contract specifying working conditions, such as the constituent items, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.
2. When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred;
The Defendant had worked in the above restaurant from August 1, 2016 to November 19, 2018, and had not paid the amount of KRW 6,794,000 to retired workers E, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and had not paid KRW 38,288,919, total amount of wages of 15 workers within 14 days from the date of retirement, as described in the attached list of crimes.
3. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Although the Defendant retired from office at the date, time, and place of Paragraph 2, the Defendant did not pay 5,628,350 won of retirement allowance within 14 days from the date of the retirement without an agreement on the extension of the due date between the parties concerned, and did not pay the total amount of KRW 7,428,350 of the retirement allowance of workers E and F within 14 days from the date of the retirement without an agreement on the extension of the due date for payment between the parties
Summary of Evidence
1. The defendant;