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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is the employer who is the representative of the C Child Care Center B located in Asan-si and employs eight full-time workers.
1. When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver the workers in writing specifying the constituent items, calculation methods, payment methods, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the same Act;
Nevertheless, the Defendant concluded a labor contract with D who retired from the workplace as infant care teacher from June 18, 2018 to February 28, 2019, and did not deliver to the employees without specifying in writing matters concerning the composition of wages, calculation method, payment method, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leave under Article 60 of the same Act.
2. 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;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the income tax and local income tax calculated by deducting the wages from the wages during the period from January 1, 2019 to February 28, 2019 for the employees specified in the foregoing paragraph (1) within 14 days from the date of retirement without agreement between the parties on the extension of the due date, despite the amount of the settlement of income tax of KRW 27,760 and the local income tax of KRW 2,760 and the total amount of KRW 30,520, which was refunded.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the petitioner filed by the police against D;
1. Details of the transactions of deposits and withdrawals, and a statement of wages;