Where the defendant fails to pay the above fine, 100,000 won shall be one day.

The defendant is a user who conducts personal construction business using ten full-time workers at the new construction site B in Gyeonggi-do.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 worked from October 20, 2015 to October 01, 2015, and did not pay C’s wages of KRW 1,570,000 on April 2015 within 14 days from the date of his retirement without agreement on the extension of the payment deadline between the parties concerned.

(b) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant did not enter into an employment contract with an employee, stating the items of organization, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60, working hours from March 20, 2015 to October 01, 205.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the protocol of special judicial police officer C;

1. Article 109(1), Article 36, and Article 114 subparag. 1 and Article 17 of the Labor Standards Act concerning criminal facts and the selection of fines;

1. Article 37 (1) 2 and Article 50 of the Criminal Act by which concurrent crimes are aggravated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;