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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is an employer who is a representative of the D convenience store located in Sacheon-si and has been engaged in convenience store business using two full-time workers.
1. The Defendant did not pay KRW 5,051,660, out of E’s wages employed as salespersons from the above convenience store to March 26, 2013, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
2. An employer shall specify wages, contractual work hours, holidays referred to in Article 55, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver documents specifying the constituent items, calculation methods, payment method and contractual work hours in relation to wages to workers. However, the Defendant did not deliver wages, contractual work hours, and holiday matters without specifying in writing matters when concluding an employment contract on September 2, 2012 with E employed as a salesperson at the said workplace.
3. Working hours of a person aged between 15 and under 18 shall not exceed seven hours per day and 40 hours per week: Provided, That the said working hours may be extended by up to one hour per day and six hours per week pursuant to an agreement between the parties. However, the Defendant, from September 2, 2012 to November 30, 2012, had a worker E at the age of 16 work 9 hours per day, and 63 hours per week from December 1, 2012 to March 25, 2013, and had him/her work 11 hours per week and 77 hours per week.
4. An employer shall not have any person under 18 years of age work during hours from 10 p.m. to 6 a.m.
However, even if the consent of the Ministry of Employment and Labor is obtained with the consent of less than 18 years of age, the defendant did not obtain the approval of the Minister of Employment and Labor while allowing E, who is under 18 years of age, to work during the period from September 2, 2012 to March 25, 2013 during the period from September 2, 2012 to March 25, 2013.
(i) the evidence;