Text
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is the representative of C in Daegu Northern-gu B, and is the user who runs the mechanical manufacturing business using two regular workers.
1. An employer who violates the Labor Standards Act due to non-payment of wages shall, where the worker dies or retires, pay the wages, compensations, and all other money and valuables within fourteen 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, while working in the foregoing workplace and retired on June 12, 2015, did not pay the total of KRW 10,450,000 for three retired workers as indicated in the attached Table of Crimes, as well as KRW 3,00,000 in May 12, 2015, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.
2. An employer who violates the Labor Standards Act due to failure to pay in writing that the working conditions are specified shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
In such cases, matters concerning the composition, calculation method, payment method, contractual work hours, holidays and annual paid leave shall be specified in writing and delivered to the worker.
Nevertheless, the Defendant, while working in the above workplace, did not enter into a labor contract with workers D, E, F, etc. who retired, and did not specify the above working conditions in writing.
Summary of Evidence
1. Defendant's legal statement;
1. Statement D and E of the suspect interrogation protocol of the second police officer against the accused;
1. Each police statement made to D, E, and F;
1. Application of Acts and subordinate statutes to confirmation of facts, such as telephone (Evidence List No. 11);
1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages, the selection of fines) on criminal facts, and Article 114 subparag. 1 of the Labor Standards Act.