A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

The Defendant, as the representative of Gyeonggi-gun B, is an employer who ordinarily employs three to six workers in a restaurant business.

1. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements to workers specifying the items and methods of calculating wages, methods of payment, contractual working hours, holidays and annual paid leaves;

Nevertheless, when concluding a labor contract on January 2015 with D and D employed as a principal guard assistant at the above workplace, the Defendant did not deliver to the employees a written statement specifying the elements of wages, calculation method, payment method, contractual work hours, holidays and annual paid leave.

2. An employer shall not enter into a contract which stipulates penalty or amount of damages for non-performance of an employment contract;

Nevertheless, the Defendant entered into a contract with the above D on January 1, 2015, which stipulates that the Defendant shall pay KRW 2,000,000 for monthly wages of 2,00,000 for a period of employment contract under the pretext of a security deposit for leaving the workplace.

3. When a worker 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 an agreement between the parties in extenuating circumstances.

Nevertheless, the defendant works as an assistant to the principal office from January 7, 2015 to April 8, 2018 at the above workplace.

The total amount of wages of retired workers D, including KRW 4,80,000 in January 2015, KRW 373,333 in the wage balance in February 2018, and KRW 2,426,667 in March 2018, including KRW 4,80,00 in the attached list of crimes, shall be extended and holiday work allowances shall be 25,084.