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Defendant shall be punished by a fine of 1.5 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who newly constructs a Dental Care Center using one full-time worker in Hongcheon-gun, Hongcheon-gun, and two parcels.
1. An employer who has not prepared a labor contract shall clearly state the working conditions prescribed by Presidential Decree, such as wages, prescribed working hours, etc. to workers when concluding such contract, and deliver written statements in which the constituent items, calculation method, payment method, etc. of wages are specified;
Nevertheless, the Defendant concluded a labor contract with E while working at the site at the site from November 11, 2014 to September 25, 2015, and did not deliver to the employee the labor contract specifying the working conditions, etc.
2. An employer who fails to pay wages shall, if a worker dies or retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 5,66,670, out of the E’s wages that died while working as the site warden from November 1, 2014 to September 25, 2015, without any agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the interrogation of suspect with respect to F;
1. Each police statement made with respect to G and H;
1. Details of confirmation of fact, such as telephone;
1. Investigative reports (to hear statements from witnesses);
1. A permit to change the use of a building, large-scale repair, or alteration of the purpose of use, a product sales contract, a work confirmation document, a construction machinery work contract and confirmation certificate, a transaction business operator's letter, a waste transfer certificate, a written confirmation, a written estimate, a statement of delivery, a subcontract, a subcontract contract
1. Application of Acts and subordinate statutes to inquiries about facts;
1. Article 114 subparagraph 1 of the relevant Act and Articles 117, 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the same Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Attraction of a workhouse;