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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
The Defendant is an employer who employs five regular workers in Seo-gu Incheon and operates “D”.
1. Although the Defendant, as an employer, did not enter into a labor contract, delivered to the employees the document specifying the major working conditions, such as wages, contractual work hours, and holidays, the Defendant did not deliver the document stating the major working conditions when entering into a labor contract with the Switzerland workers E at the above workplace on June 2009 and F around December 2010.
2. The Defendant not paid retirement allowances fails to pay KRW 6,697,650 of E retirement allowances, and KRW 11,017,510 of F retirement allowances, which he/she worked from the beginning of June 2009 to February 5, 2014 at the above workplace, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the due date for payment.
The Defendant, from January 1, 2010 in the case of E, and from February 5, 2012, the Defendant stated that he had started work at his workplace from his workplace from his workplace, and E and F had previously been employed. However, in the situation where there is no evidence to objectively recognize this, the instant indictment was instituted on the basis of the starting period of work recognized by the Defendant in the investigative agency.
Then, since June 2009, the defendant had been working at his workplace from June 2, 2009 to June 2, 2009, and F had been working at his workplace from December 2, 2010, the amendment to indictment was made as above on the seventh trial.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Each statement of witness E and F in the fourth trial record;
1. Details of arrears, three-month wages, average wages, and retirement allowance calculation statements, passbook details, and each benefit ledger attached to each comparison statement;
1. The defendant's revised contents of the petition and the statement shall be the retirement allowance, together with a monthly salary, between worker E and F.