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The punishment of a defendant shall be KRW 1,000,000.
When a fine is to be paid, it shall be confined in a workhouse for ten days.
Reasons
Criminal facts
The Defendant is the representative of C in North-U.S., and is an employer who operates a private teaching institute using two full-time workers.
1. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays pursuant to Article 55 of the Labor Standards Act, annual paid leaves pursuant to Article 60, and other working conditions prescribed by Presidential Decree to workers, and shall deliver written statements in which the matters concerning the calculation method, payment method, prescribed working hours, holidays pursuant to Article 55, annual leaves pursuant to Article 60 are specified;
When concluding a labor contract with D on December 10, 2018 at the same place of business, the Defendant did not deliver to the workers a written document stating the above matters.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.
Defendant 1 had worked for December 10, 2018 and did not pay KRW 416,66 of D’s wages on November 15, 2019, within 14 days from the date of his retirement without any agreement between the parties on the extension of the payment period between the parties.
3. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she has not given such prior notice 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.
On November 15, 2019, the Defendant did not immediately dismiss D, who had worked from December 10, 2018 at the above workplace without prior notice, and did not pay 2,500,000 won prior notice of dismissal as ordinary wages for 30 days in advance of dismissal with prior notice of dismissal.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. The former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) on criminal facts.