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A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
The Defendant is an employer who runs a manufacturing business using 33 full-time workers under the trade name of “stock company H” from Doo-si.
1. Where an employer violating the Labor Standards Act due to a violation of obligation to liquidate money and valuables dies or retires of the employee, he/she shall pay wages, compensations, and other money and valuables within fourteen days after the cause for such violation occurred;
Nevertheless, the Defendant is working from August 22, 2019 to September 29, 2019 at the above workplace.
A retired I’s total of KRW 1,615,00 in August 2019, and KRW 7,05,00 in September 5, 2019, including KRW 7,05,00 in total,00 in the wages of KRW 5,440,00 in September 20, and KRW 103,292,00 in the wages of 27 damaged workers, as shown in attached Table 1 (excluding No. 10,22,23,25,31 in the order), did not pay KRW 14 days from the date of retirement without agreement on the extension of the due date between the respective parties.
2. An employer who violates the Labor Standards Act due to failure to prepare a labor contract or failure to pay wages shall clearly state working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., to the workers when concluding a labor contract, and shall deliver the workers a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leaves;
Nevertheless, on August 22, 2019, the Defendant concluded a labor contract with an employee I, and did not prepare a labor contract with the above working conditions specified therein.
The Defendant is an employer who is a person in charge of business operation who operates a manufacturing business using 33 full-time workers under the trade name of Doo-si H from Doo-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant is working for the KK workplace, which is located in the JJ of Gyeongnam-gun, from October 10, 2019 to October 26, 2019.
(b) retirement.