근로기준법위반
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
1. The Defendant, as the representative of C Co., Ltd. located in Overcheon City B, is an employer who runs food materials wholesale and retail business using four regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 had worked from June 27, 201 to May 31, 2012 at the above workplace, and had not paid KRW 9,04,925 in total of two workers within 14 days from the date of retirement, as shown in the attached crime list, such as KRW 602,868 of the wage balance of July 201 of the retired workers D, etc.
2. An employer who breaches a duty to specify working conditions shall specify the 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 in concluding a labor contract. In such cases, the items and methods of calculating wages, methods of payment, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 shall, if requested by the worker, be specified in writing and delivered to the worker concerned;
Nevertheless, the Defendant concluded a labor contract with D on June 27, 201, or E on January 2, 2012 at the above workplace, and did not specify in writing working conditions, such as wages.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of complainants;
1. Application of each statute on filing of a complaint;
1. Article 109(1) and Article 36 of the relevant Act as to facts constituting an offense, and Articles 114 subparag. 1 and 17 of the Labor Standards Act as to the choice of punishment (the fact that an obligation to liquidate money and goods is not fulfilled, the choice of fines)
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;