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Punishment on the accused shall be determined by a fine of 2.5 million won.
If the defendant does not pay the above fine, 100,000.
Reasons
Criminal facts
The defendant is the actual manager of C, a corporation in Chungcheongbuk-gun B, who runs the manufacturing business of steel structures using 20 full-time workers.
"2019, 365"
1. An employer who fails to pay wages in writing that specify working conditions shall deliver workers a written document in which the constituent items, calculation method, payment method and contractual work hours of wages, holidays, and matters concerning annual paid leave, etc. are specified when concluding a labor contract;
Nevertheless, the Defendant concluded a labor contract with D who worked from July 31, 2018 to November 22, 2018 at the above workplace, and did not deliver a document stating the above to the employee.
2. An employer who fails to pay wages shall, if a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, who worked from August 2, 2018 to September 22, 2018, did not pay the total of KRW 3,480,000 in August 2018 and KRW 5,760,00 in September 2, 2018, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.
In addition, the Defendant did not pay the total of 65,680,000 won to the 111 workers as indicated in the attached list of crimes (However, the name of No. 5 is "F", and the name of No. 10 is changed to "G", respectively).
"2019, 366"
1. An employer who violates the Labor Standards Act due to failure to pay in writing the working conditions shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers in concluding an employment contract, and shall deliver the workers a written statement specifying the constituent items, calculation methods, payment methods, holidays, and annual paid leaves;
Nevertheless, the defendant worked at the above workplace, H, I, and October 1, 2018.