근로기준법위반
The sentence of sentence against the defendant shall be suspended.
Punishment of the crime
The Defendant is an employer who runs the above restaurant with four regular workers at the restaurant in Busan Dongdong-gu B.
1. The Defendant who is not paid wages did not pay KRW 1,60,000 as wages in December 2013, 2013, and KRW 1,968,219 as wages in January 2014, without agreement between the parties on the extension of the due date, within 14 days from the date of his/her retirement, when he/she worked as an employee, such as alone, in the restaurant from October 28, 2013 to January 5, 2014.
2. An employer that fails to specify working conditions shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
In such cases, matters concerning the constituent items, calculation method, payment method, and above working conditions of wages shall be specified in writing to workers.
Nevertheless, the Defendant did not specify in writing matters concerning the composition items, calculation method, payment method, contractual work hours, holidays, annual paid leave, etc. when employing D who worked as the same kind of paragraph (1) in the restaurant as described in paragraph (1) of October 28, 2013.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Article 109(1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act (not specifying working conditions), and selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Penalty fine of 200,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. The fact that the defendant under Article 59(1) of the Criminal Act makes a confession of crime and reflects his depth, the fact that the wages specified in paragraph (1) of the same Article are deemed to have been paid in entirety, and others;