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A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is a person who operates AJ in Seocho-gu Seoul Metropolitan Government AH and AI.
1. The Defendant, as an employer, did not pay the wages of the employees other than those of the foregoing workplace from August 1, 2015 to October 16, 2018, including the amount of KRW 5,935,484 of the wages of the AK employed at the above workplace and the amount of KRW 5,935,484 from October 16, 2018, and did not pay the wages of the employees other than those of the Parties in the attached Table of Crimes (1), C, D, E, E, F, G, H, H, I,J, L, M, M, N, P, P, Q, Q, P, P, P, P, M, M, M, M, M, P, P, P, P, Q, Q, Q, Q, P, P, P, P, P, P, P, P, P, P, P, P, AB, AB, AE, AE, AE, AE, AE, and P, AE (2).
2. On August 1, 2015, the Defendant did not deliver to AK a written statement specifying working conditions, such as wages, contractual work hours, holidays, and annual paid leave, when concluding a labor contract with AK on August 1, 2015 at the said workplace.
3. The Defendant, on October 16, 2018, dismissed a worker AK who had worked from August 1, 2015 at the above company as from August 1, 2015, without giving a notice of dismissal 30 days, and did not pay 4,000,000 ordinary wages for 30 days to the above AK.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to AK by the police;
1. A rehabilitation decision, each data entry report, and a retirement allowance calculation statement;
1. Application of each relevant statute;
1. Article 109 (1), Article 36, Article 110 subparagraph 1, Article 26, Article 114 subparagraph 1, Article 117, Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits as to the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (with respect to a violation of the Labor Standards Act due to a failure to liquidate money, goods, etc. by worker and a violation of the Guarantee of Workers' Retirement Benefits
1. Punishment;