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Defendant shall be punished by a fine of KRW 300,000 (300,000), and if the above fine is not paid, KRW 100,000 (10,000) shall be deemed one day.
Reasons
Punishment of the crime
The defendant is a business operator who runs a construction machinery rental business with one regular worker in Seongdong-gu Seoul Metropolitan Government (1405).
The Defendant did not pay KRW D’s wages of KRW 3,774,193 from February 16, 2016 to March 26, 2016, within 14 days from the date of retirement without an agreement between the parties on extension of the payment due date, at the site of the Gwangju Mine Construction Corporation.
B. In concluding a labor contract on February 16, 2016 with D and D working in the above workplace, the Defendant did not deliver to the employees a written statement specifying the matters regarding the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave, as set forth in the foregoing paragraph (a).
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect of the police accused;
1. Statement of the police about D;
1. Application of Acts and subordinate statutes on a petition, benefit ledger, and deposit certificate;
1. Articles 109(1), 36, subparagraph 1 of Article 114, and Article 17 of the Labor Standards Act concerning criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;