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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an employer who operates a G restaurant located in Seongbuk-gu, Seongbuk-gu, Sungwon, with ten full-time workers while operating a restaurant.
1. When concluding a labor contract, an employer shall deliver workers in writing specifying the items constituting the wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves;
On March 2, 2014, the Defendant concluded a labor contract with H employed at the pertinent workplace on March 2, 2014, and did not deliver to the said H a written statement specifying the constituent elements, calculation method, payment method, prescribed working hours, holidays, and annual paid leave.
2. When an employer intends to dismiss a worker, he/she shall give the worker an advance notice at least thirty days prior to such dismissal, and if he/she fails to give such advance notice by thirty days, he/she shall pay the ordinary wages for not less than thirty days
From March 2, 2014 to March 31, 2015, the Defendant issued a notice of dismissal allowance of KRW 5,000,000, and KRW 1,398,98,980,00 for E dismissal, on the date of dismissal, on March 31, 2015, the Defendant immediately paid KRW 5,000,00 for H dismissal allowance of KRW 30,00,00 for E dismissal, and KRW 1,398,98,980 for E dismissal.
3. When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all 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.
From March 2, 2014 to March 31, 2015, the Defendant did not pay 2,910,950 won, in total, of H’s allowances and retirement allowances worked at the aforementioned workplace, without any agreement between the parties on the extension of the payment deadline.
Summary of Evidence
[No. 1]
1. Statement of the defendant in the first trial record;
1. Statement made by the police with H [the facts No. 2 and 3];
1. Entry of the defendant in part in the first trial record;
1. Second installment;