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Defendant shall be punished by a fine of two million won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
(2017 fixedly 746)
1. The Defendant is the representative of the Seocho-gu Seoul Metropolitan Government Co. D, which ordinarily employs four workers and operates a construction business.
The Defendant, as indicated in the list of crimes in the attached Form, did not pay KRW 12,752,977 for four workers, as stated in the list of crimes in the attached hereto, within 14 days from the date of retirement, in the amount of KRW 2,934,483, which was retired from the Defendant, while serving in the said workplace from around December 21, 2015 to March 14, 2016, without any agreement between the parties on the extension of the payment deadline, and did not pay KRW 2,934,483, which was retired from the Defendant.
2. Points on which labor contract has not been delivered;
A. On December 21, 2015, the Defendant entered into a labor contract with E at the workplace specified in paragraph (1) around December 21, 2015, and prepared a document specifying wages, contractual hours, holidays, annual paid leaves, etc. and did not deliver it to E.
B. On January 20, 2016, the Defendant concluded a labor contract with F at the place of business indicated in paragraph (1) around January 20, 2016, prepared a document specifying wages, contractual working hours, holidays, annual paid leaves, etc. and did not deliver it to F.
3. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.
Nevertheless, on March 14, 2016, the Defendant dismissed E from the place of business described in paragraph (1) around March 14, 2016 without prior notice, and did not pay KRW 3,700,000 for the ordinary wage for 30 days with the notice of dismissal.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of each statute of G, E, F, and H
1. Article 109(1) and Article 36 of the Act on the Standards of Employment for Specific Crime; Article 114 Subparag. 1 and Article 17 of the Act on the Standards of Employment for Certain Workers; Article 110 Subparag. 1 of the Labor Standards Act; Article 110 Subparag. 1 of the Labor Standards Act;