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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of D in Seoul Jung-gu, and is an employer who runs accommodation business using six full-time workers.
1. When concluding an employment contract, an employer shall clearly state in writing matters concerning wages, prescribed working hours, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60 of the Labor Standards Act, and other working conditions determined by Presidential Decree to the worker, and deliver them to the worker at his/her request;
Nevertheless, the defendant employed on June 21, 2012 and retired from office until August 21, 2012, and thereafter retired from office as of December 21, 2012, and then retired from office until March 3, 2013, and returned on December 3, 2014 and concluded a labor contract with E on March 10, 2015, on three occasions with E on December 3, 2015, the defendant did not specify in writing matters concerning wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, Defendant 1 did not pay the sum of KRW 1,33,920 (34,420 in December 2014, KRW 493,160 in January 2015, KRW 493,160 in February 2015, and KRW 1,464,660 in total, in total, KRW 133,920 in annual allowances.
3. An employer may not have a worker work in excess of 40 hours per week and 8 hours per day, excluding hours of recess, and may extend working hours per week only within the limit of 12 hours, even if there exists an agreement between the parties concerned.
Nevertheless, the Defendant had the above E work for an average of 56 hours exceeding the limit of 12 hours per week from December 3, 2014 to March 9, 2015.
4. The employer shall annually make the workers to whom the minimum wage applies; and