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Defendant shall be punished by a fine of KRW 500,000.
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 D in Ulsan-gun C, who ordinarily employs more than ten workers and operates a restaurant business.
1. Although an employer has to stipulate in writing working conditions, such as wages, contractual work hours, and holidays, when concluding an employment contract, the Defendant did not specify in writing the working conditions, such as wages, with respect to E, who worked from June 13, 2014 to September 27, 2014 at the above workplace.
2. The Defendant did not pay KRW 548,035,00 in total, including KRW 412,50,00 for weekly leave allowances from June 2014 to August 2014, KRW 28,875, and KRW 106,660,00 from September 26, 2014 to August 26, 2014, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement of each police statement of E;
1. Details of passbook transactions and details of commuting to and from work;
1. Application of statutes on copies of business registration certificates;
1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act, Articles 109(1) and 36 of the Labor Standards Act, and selection of fines for criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;