근로기준법위반
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The defendant is a person who is a manager of the building B and D in the two weeks, and is an employer who runs restaurant business using one full-time worker.
1. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver to the workers a written statement specifying the items, calculation methods, and payment method of wages, contractual work hours, and matters concerning holidays under Article 55 of the Labor Standards Act;
Nevertheless, the defendant is working as a head of the above workplace.
On July 29, 2019, when concluding a labor contract with retired E and on July 29, 2019, he/she did not clearly state and deliver in writing matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, and holidays under Article 55 of
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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is working as a kitchen in the above workplace from July 29, 2019 to November 15, 2019.
A retired worker E’s wage of KRW 100,00 on August 2019, 8, 200, wage of KRW 800,000 on September 2019, wage of KRW 870,000 on October 2019, wage of KRW 870,000 on November 2019, and wage of KRW 3,792,581 on November 2019, did not pay KRW 3,792,581 on the date of retirement within 14 days without agreement between the parties to the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Each police petitioner statement to E;
1. Application of the police statement law to E and the defendant;
1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act concerning criminal facts, Article 117 of the Act on the Selection of Punishment (a violation of the duty to specify working conditions and deliver documents), and the Act on May 26, 2020.