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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 a user who runs a construction business using two full-time workers as a department manager of C-building materials department located in P-dong-gu, Busan Metropolitan City.
1. The Defendant is working in the foregoing workplace from January 25, 2013 to April 10, 2013.
D's wages of 740,000 won in January 2013, and wages of 80,000,000 won in April of the same year, including those of 1,540,000 won in April of the same year and those of 1,540,000 won in November 8, 2013 to December 3, 2013.
The retirement E’s total wage of KRW 4,140,000, including the total wage of KRW 2,600,000 in November 2013 and the total wage of KRW 600,00 in December of the same year, and the total wage of KRW 2,60,000 in December of the same year, was not paid respectively within 14 days from the date of each retirement, which is the date on which the cause for the payment occurred, without any agreement between the parties to the extension of the due date.
2. The Defendant, who entered the above workplace on November 8, 2013 and worked until December 3, 2013.
When concluding a labor contract with retired E, it did not state matters concerning wages, contractual working hours, holidays under Article 55 of the Labor Standards Act, annual paid leave, etc. under Article 60 of the same Act, but did not deliver to workers a document specifying the composition items, calculation method, payment method, etc. of wages.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement to E by the police;
1. The defendant in a written statement, although he/she has not paid wages to E, he/she asserts that there is a justifiable reason for not paying wages since there was a defect in the part of work performed by E, and therefore there is a damage claim against E. However, since wages to workers shall be paid in full directly to workers, it shall not be offset against the worker's wage claims with the claim for tort committed against the worker except for the over-paid claim for the refund of wages, and even if the defendant has an opposing claim as claimed against E, the wages, etc. shall be paid.