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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
An employer shall specify wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers when concluding a labor contract, and shall deliver written statements in which matters concerning the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays and annual paid leaves are specified to the workers.
Nevertheless, the Defendant, on June 1, 2018, worked for the period from June 1, 2018 to August 31, 2019 at the office located in the window B of Changwon-si.
When concluding a labor contract with retired C, a written document stating the matters on the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave has not been issued.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol law to C
1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. Where a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days from the time when 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 is working from June 1, 2018 to August 31, 2019 at an office located in Changwon-si B.
The retired C’s total amount of unpaid wages of KRW 35,500,000 and retirement allowances of KRW 6,124,181 for 14 months from July 2018 to August 2019, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. Determination
(a) the crime of non-compliance;