Text
A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
The defendant is the representative of the C Co., Ltd. located in Nam-gu B at port and is the employer who runs a specialized construction business with 100 full-time workers.
1. When a worker dies or retires, an employer unpaid wages shall pay all money and valuables, such as wages, within 14 days from the date of his/her retirement, unless otherwise agreed by the parties concerned on the extension of the payment period;
Nevertheless, the defendant from February 15, 2016 to 2016 at the site of new construction of steel reinforced concrete among E projects in the Gu and Si/Gu.
5. From the date of retirement without an agreement on the extension of the payment period between the parties concerned, the employer did not pay KRW 1,857,630 in March 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned, and did not pay KRW 1,857,630 in March 2016 within 14 days from the date of retirement within 14 days from the date of retirement; and did not pay KRW 2,5,15,23,24,26, 37, 41, 47, 50, 58, 61, 62, 66 through 69, 71, 73, 85, 87, 94, 101, 103, 105, 108, 117, 1235, 360 days from the date of retirement without an agreement between the parties concerned;
2. An employer who has not given a contract for work must, at the time of entering into a contract for work, specify in writing the terms and conditions of work for the worker, such as wages, prescribed working hours, holidays, and annual paid leaves, and deliver the written statement to the worker.
Nevertheless, the Defendant concluded a labor contract with G workers in a place where it is unknown on December 14, 2015, and did not deliver a written labor contract specified therein.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Each complaint and each petition;
1. Application of relevant data (written request, etc. to submit a written request for labor cost), notification of unpaid labor cost for on-site workers, details of arrears, and copies of labor contracts;
1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense (wages.)