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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On May 2, 2018, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court, and the said judgment became final and conclusive on April 12, 2019.
From July 11, 2016 to July 31, 2018, the Defendant is an employer who engages in meat processing and storage business, etc. using one full-time worker in the trade name of “stock company C” in Seongdong-gu Seoul, Seongdong-gu, Seoul, using one full-time worker; from February 28, 2017 to July 31, 2018, using two full-time workers as the trade name “E” in Songpa-gu Seoul, Songpa-gu, Seoul.
1. Where an employee in arrears dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant is serving as an employee from February 28, 2017 to July 13, 2018.
Employees F, who retired, work as employees from July 1, 2018 from F’s wage of KRW 1,300,000 and from said “Co.” to February 1, 2017 to July 21, 2018.
The retired workers G did not pay 1,000,000 won for July 2018 within 14 days from the date of each retirement without an agreement between the parties concerned.
2. An employer who violates the Labor Standards Act due to failure to pay a labor contract shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., in concluding a labor contract, and shall deliver workers with a document specifying working conditions, such as the constituent items, calculation method, payment method and contractual work hours, holidays, annual paid leaves, etc.;
Nevertheless, on December 1, 2017, the Defendant concluded an employment contract with workers H and I in the “E” operated by the Defendant on December 1, 2017, and did not deliver the document stating the above matters to H and I respectively.
3. Where an employer who violates the Guarantee of Workers' Retirement Benefits Act retires, an agreement between the parties concerned;