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Defendant shall be punished by a fine of KRW 2,500,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of the C company in Spocheon-si B, who is engaged in the manufacturing of steel papers using at least six full-time workers.
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurs;
Nevertheless, the defendant works in the above workplace from October 24, 2009 to January 15, 2014.
A retired worker D’s unpaid annual paid leave on October 201, 201, KRW 1,010,496, KRW 1,033,440, and KRW 1,033,440, and KRW 1,119,560, and KRW 1,119,560, and KRW 4,283,056, including KRW 1,283,056, in total, of KRW 10,716,36, in addition to the annual paid leave on October 201, as well as KRW 1,119,56, in addition to the annual paid leave on October 201, without any agreement on extension of the due date between the parties, did not pay KRW 10,716,36,00, respectively, within 14 days from each retirement date without any agreement on extension of the due date.
(b) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract;
In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to workers in writing.
Nevertheless, the Defendant did not deliver to D, who had worked as production worker from October 24, 2009 to January 15, 2014, a document stating the relevant matters under Article 17 of the Labor Standards Act.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement of D and E;
1. Application of A(Investigation Records No. 94 pages)-related Acts and subordinate statutes;
1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (the fact of payment of wages and the selection of fines).