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Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative of the D cafeteria located in Mapo-gu Seoul Metropolitan Government, who runs food business using two full-time workers.
1. 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;
Nevertheless, the Defendant did not pay KRW 2,610,411 to E who retired from the said workplace from office from July 20, 2016 to September 28, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
2. Working hours of a person aged between 15 and under 18 shall not exceed seven hours per day and forty hours per week;
Provided, That it may be extended by up to one hour per day and six hours per week by agreement between the parties.
Nevertheless, from July 20, 2016 to August 15, 2016, the Defendant had a person under 18 years of age from the above workplace work from 10:00 to 10:0 on the following day; and each 6th day work for more than 7 hours per day and 40 hours per week.
3. An employer shall not have a person under 18 years of age work during hours from 10 p.m. to 6 a.m.
Provided, That this shall not apply where there exists a consent of less than 18 years of age and the Minister of Labor approves the employment.
Nevertheless, the Defendant, from July 20, 2016 to September 28, 2016, had a person under 18 years of age work from 10:0 p.m. to 1:00 a.m. without obtaining the approval of the Minister of Labor from the above workplace.
4. An employer shall specify wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract, and shall also specify the constituent elements, calculation method, payment method, prescribed working hours, holidays under Article 55 and annual paid leaves under Article 60.