근로기준법위반등
A defendant shall be punished by imprisonment for six months and a fine of one million won.
provided, however, that this judgment shall be sentenced to imprisonment for two years from the date of the final judgment.
Punishment of the crime
The Defendant, as an actual operator of the restaurant in Busan Southern-gu, is an employer who runs food business using two regular workers.
"200 Highest 462"
1. An employer who has not paid wages or paid leave allowances shall, if a worker dies or retires, pay the worker wages, compensations, or any other money or valuables within 14 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 suspect worked as the ice in the above workplace from July 20, 2019 to August 25, 2019, and did not pay 768,200 won, as well as 5,168,422 won, in total, of wages and weekly paid leave allowances, as shown in the annexed crime list, within 14 days from the date of retirement, as well as 768,200 won, of wages and weekly paid leave allowances, as shown in the annexed crime list.
2. An employer who fails to deliver a written labor contract shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding the labor contract, and shall deliver written statements specifying the items, calculation methods, payment method and contractual work hours of wages, holidays, and annual paid leaves to workers;
Nevertheless, on November 4, 2019, when concluding a labor contract with an employee E, the Defendant did not prepare and deliver a labor contract stating the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.
[200 Highest 544]
1. An employer who is not paid wages or retirement allowances shall, where a worker dies or retires, pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred;
Provided, That where special circumstances exist, the agreement between the parties shall be reached.