근로기준법위반등
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
1. The Defendant who is not paid a weekly leave allowance and a retirement allowance is the Defendant who is a representative of the Kapet C in the Dong-gu, Manyang-si, Manyang-si and ordinarily operates food and drinking business by making use of two to three full-time workers, and the employer shall pay all money and valuables, such as wages, within 14 days after the cause for such payment, such
Nevertheless, the Defendant, from April 6, 2015 to June 30, 2016, did not pay KRW 1,643,500 of the weekly leave allowances of retired workers D and KRW 149,981 of the retirement allowances within 14 days from the retirement date.
2. An employer who fails to prepare a labor contract shall deliver the worker a labor contract specifying the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves, to the worker when concluding the labor contract;
Nevertheless, the Defendant entered into a labor contract with the above worker D on April 6, 2015, and did not prepare and deliver a labor contract containing the above contents.
Summary of Evidence
1. Partial statement of the defendant;
1. Part of the statement made by the police against the defendant (including the part concerning D substitute statements);
1. Application of Acts and subordinate statutes to a police statement made on D (including details of account transactions attached thereto, average wages and retirement allowances calculation statement);
1. Article 109(1), Article 36 (Violation of Duty of Liquidation of Money or Goods), Article 114 subparag. 1, Article 17 (Preparation of Work Contract) of the Act on the Standards for Workers’ Retirement Benefits, Article 44 subparag. 1, and Article 9 of the Act on the Standards for Workers’ Retirement Benefits, concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;