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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a representative of the Ccafeteria in Gangnam-gu Seoul Metropolitan Government, who ordinarily employs six workers and operates a restaurant business.
1. The Defendant is working in the foregoing workplace from July 8, 2013 to March 28, 2014.
When concluding an employment contract with seven workers listed in [Attachment 2-8] Nos. 2-8, including retired D, working conditions such as the constituent items, calculation method, payment method, contractual work hours, holidays pursuant to Article 55, and matters concerning annual paid leave pursuant to Article 60 have not been specified in writing.
2. The facts charged against seven workers listed in the table of crime Nos. 2 through 8 in the annexed table of the payment of wages were determined to dismiss public prosecution upon the prosecutor’s revocation. The Defendant is working from October 1, 2010 to September 30, 2012 at the above workplace.
A total of KRW 2,150,000 as shown in the [Attachment E] No. 1] of the retired E was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.
3. When an employer intends to dismiss an employee, he/she shall give the advance notice of dismissal at least 30 days, and where he/she has not given such advance notice by 30 days, he/she shall pay not less than 30 days’ ordinary wages.
Nevertheless, the defendant is working from June 21, 2013 to June 11, 2014 at the above workplace.
In dismissal on June 11, 2014, five workers listed in [Attachment F] Nos. 2 through 6, including F workers retired from office, did not pay the total of KRW 13,100,000 on the date of dismissal, which corresponds to the 30-day amount of ordinary wages, such as the relevant contents of each of the above list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement of the E, D, and F;
1. F and four other G content are “F and five other”. The authenticity of the preparation, as well as the authenticity of G, shall be applied to the law.