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A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.
If the defendant does not pay the above fine, it shall be gold.
Reasons
Punishment of the crime
The defendant is a representative C in Gyeonggi-si B, who runs a manufacturing business using five full-time workers.
1. An employer who fails to pay working conditions in writing shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
In such cases, a document stating the 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 delivered to workers.
Nevertheless, the Defendant did not deliver to each employee a written document stating the items of wages, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60, when entering into an employment contract with E that was employed from August 3, 2017 to May 31, 2020, and from October 1, 2018 to June 14, 2020.
2. Where an employer in violation of the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act dies or retires of a worker, the employer shall pay wages, compensations, retirement allowances, and other money or valuables within 14 days from the time when the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant: (a) paid D wages of February 2020 to May 31, 2020; (b) KRW 3,91,070 for March; (c) KRW 3,267,60 for April; (b) KRW 3,426,101 for May 23, 2017; (c) KRW 27,040,607; and (d) KRW 22,29,80 for March 29, 202; and (c) KRW 3,426,10 for five months; and (d) KRW 12,19,426 for retirement allowances; and (e) paid KRW 2,29,80 for March 1, 202 to June 14, 2020; and (e) paid KRW 29,280,00 for April 29, 200; and (e) paid KRW 305,197; and