근로기준법위반
Defendant shall be punished by a fine of 200,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant is a user who operates a construction company C in the third floor of the building B in Seoul Special Metropolitan City.
1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in 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 items, calculation methods, payment method and contractual work hours of wages, holidays referred to in Article 5, annual paid leaves referred to in Article 60 to workers;
Nevertheless, the Defendant concluded a labor contract with D on March 29, 2019 and did not issue to D a document stating the composition items, calculation method, payment method, and contractual work hours of wages, holidays under Article 55, annual paid leave under Article 60, and the matters pertaining to annual paid leave under Article 60.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, from March 29, 2019 to September 30, 2019, did not pay the total of KRW 1,506,030 from July 2019 to September 30, 2019 within 14 days from the date of retirement without an agreement on extension of the due date.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement of D police statement;
1. The Kim Jong-gu's statement
1. The details of overdue wages, the details of wage passbook transactions, the employment contract, and the employment insurance contract by the insured [the accused asserts that D is not his own employee. However, the accused asserts that D is not his employee. However, in full view of the fact that D prepared an employment contract with D, purchased employment insurance for D, and that D appears to have provided labor at the instant workplace under the direction and supervision of the accused, D may be recognized as his employee.]