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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of E in the Nam-gu Incheon Metropolitan City, who runs restaurant business using three full-time workers.
1. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
In such cases, matters concerning the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker at his/her request.
Nevertheless, the defendant employed from October 16, 2017 to February 8, 2018 and concluded a labor contract with FF retired from the above workplace, the defendant did not deliver to F a document stating the items of wages, calculation method, payment method, prescribed working hours, holidays and annual paid leave.
2. When an employer intends to dismiss a worker, he shall do so at least thirty days prior to the dismissal, and when he fails to do so prior to thirty days, he shall pay the ordinary wages for thirty days or more; and
Nevertheless, the defendant dismissed the worker F who was employed on October 16, 2017 in the above workplace as of February 8, 2018, and did not pay 3,000,000 won of ordinary wages for 30 days (pre-determination allowances) as of February 8, 2018, which is the date of dismissal.
Summary of Evidence
1. Legal statement of witness F;
1. A protocol concerning the interrogation of the suspect against the accused (including a cross-examination);
1. Public announcement of employment (G);
1. Details of loss of employment insurance and inquiry into places of business;
1. Recording recording ( February 8, 2018 18:30);
1. Investigation report (report on the details of loss of the insurer) and details of loss of employment insurance [the Defendant’s dismissal, not the dismissal of F, is the termination of the agreement or work relationship according to F’s intent, but the following circumstances acknowledged by the evidence as follows.