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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a representative of the A certified judicial scrivener office located in Ulsan-gun, Ulsan-gun, who employs three full-time workers and operates a certified judicial scrivener service business.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, he/she shall pay the retirement allowances within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, at the foregoing place of business, worked from November 3, 2014 to June 28, 2019, did not pay 16,893,964 won, including the total of 2.3 million won of wages of May 2, 2019 of retired workers C, 2.3 million won of wages of June 6, 2019, retirement allowances of 12,293,964 won, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
2. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves, etc. under Article 60 of the Labor Standards Act to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the Labor Standards Act to workers
Nevertheless, on November 3, 2014, the Defendant concluded a labor contract with a worker C at the same workplace and did not deliver to the worker C a document specifying the matters such as the constituent items, calculation method, payment method, contractual work hours, etc. of wages.
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol of interrogation of the accused by judicial police officers (including an interrogation protocol);
1. The purport of Article 43(1) of the Labor Standards Act, which declares the so-called principle of full payment of wages, by stipulating that “The wages shall be paid directly to workers in currency” is “A statement by each judicial police officer.”