근로기준법위반
The sentence of sentence against the defendant shall be suspended.
Punishment of the crime
The defendant is the C representative in the building No. 102 in the East Sea and is an employer who engages in clothing retail business using two full-time workers.
1. An employer who violates Article 36 of the Labor Standards Act shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW D’s wages of KRW 708,925 in May 2, 2018 at the same place of business from April 24, 2018 to May 2, 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. An employer who violates Article 17 of the Labor Standards Act shall, when entering into a labor contract, deliver the worker a written statement specifying the matters concerning wages, prescribed working hours, holidays, annual paid leaves, etc.
Nevertheless, the defendant did not prepare and deliver a document stating the composition items, calculation method, payment method, prescribed working hours, weekly paid leave, and annual paid leave when concluding the labor contract with the above D.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 109(1), Article 36 of the Labor Standards Act (a violation of a duty to liquidate gold and a fine) concerning facts constituting an offense; Article 114 Subparag. 1, and Article 17 of the Labor Standards Act (a violation of a duty to specify working conditions);
1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;
1. A fine of 500,000 won for which the sentence is suspended; and
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59(1) of the Criminal Act (i.e., the first crime, the payment of wages to workers, and the payment of wages to workers, etc.) of the suspended sentence (i.e., the confession of the crime in this case and the reflective circumstances)