Text
Defendant shall be punished by a fine of 200,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the C representative in Gangnam-gu Seoul Metropolitan Government, who is a full-time worker and operates a beauty art business using seven full-time workers.
1. An employer shall specify working conditions, such as wages, contractual work hours, holidays, etc., in concluding a labor contract, and in such cases, he/she shall deliver a written statement specifying the items of wages, contractual work hours, and weekly holidays to the workers;
Nevertheless, when concluding a labor contract with a worker D who was employed on September 17, 2014, the Defendant did not specify in writing working conditions, such as wage constituent elements, but did not deliver a document specifying working conditions.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant had worked from September 17, 2014 to February 4, 2015 at the above workplace, and had not paid KRW 50,000 from February 2015 to February 4, 2015 within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning D;
1. A complaint;
1. Application of Acts and subordinate statutes concerning the publication of employment of Albmons and the details of wages paid by a petitioner;
1. Article 114 subparagraph 1 of the relevant Act and Articles 117, 109 (1), and 36 of the Labor Standards Act concerning 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;