Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
The defendant is a representative director of Yongsan-gu Seoul Metropolitan Government building B and D, a corporation located in Yongsan-gu, who runs an information and communications business with 12 full-time workers.
1. An employer who violates the Labor Standards Act due to payment of wages shall, where the worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the foregoing workplace as a computer maintenance work from August 1, 2016 to July 31, 2018.
The retired E's wage of 3,500,000 won in July 2018 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties to the extension of the payment.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the foregoing workplace as a computer maintenance work from August 1, 2016 to July 31, 2018.
Retirement allowance of retired E was not paid KRW 6,847,830 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.
3. An employer who violates the Labor Standards Act due to failure to state working conditions in writing shall specify wages, contractual work hours, holidays, etc. to workers when concluding a labor contract, and deliver matters concerning the constituent items, calculation methods, payment method, contractual work hours, holidays, etc. to the workers in writing;
Nevertheless, the Defendant is working in the foregoing workplace as a computer maintenance work from August 1, 2016 to July 31, 2018.
E. Wages.