근로기준법위반등
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant is the representative of the Gangseo-gu Busan Metropolitan Government “C” and is an employer who runs a manufacturing business with seven regular workers.
1. Where an employer violates the Labor Standards Act or the Act on the Guarantee of Workers' Retirement Benefits due to unpaid allowances dies or retires of the employee, the employer shall pay the wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant served as a entertainment worker from July 6, 2015 to November 4, 2017, and was retired from D, and did not pay KRW 34,191,61,661 as the total amount of weekly holiday allowance of KRW 15,20,00, annual holiday allowance of KRW 441,00, annual holiday allowance of KRW 4350,00, retirement allowance of KRW 7,563,473, holiday holiday allowance of KRW 6,637,188, etc. within 14 days from D’s retirement.
2. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state in writing wages, working hours, holidays, annual paid leaves, and other working conditions as prescribed by the Presidential Decree to the workers when concluding the labor contract, and shall deliver to the workers a written statement specifying the items, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves;
Nevertheless, the Defendant, on July 6, 2015, did not prepare and deliver a written employment contract that specifies working conditions while entering into an employment contract with E on January 11, 2016 (retirement when working as a contact partner until November 4, 2017).
3. When an employer who has violated the Labor Standards Act due to non-payment of the advance notice of dismissal allowance intends to dismiss a worker (including dismissal for managerial reasons), he shall give such advance notice at least thirty days prior to the dismissal, and when he fails to comply therewith, he shall pay the ordinary wages for not less than thirty days.
Nevertheless, the Defendant, while dismissing the above D and E on November 4, 2017, did not pay an advance notice of dismissal allowance corresponding to the ordinary wages for at least 30 days.
(i) the evidence;