The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, unpaid wages, etc.

Punishment of the crime

The defendant is a DNA representative in Daejeon Dong-gu, Daejeon who is engaged in restaurant business.

An employer is entitled to pay wages to a worker when concluding a labor contract. The method of calculating wages; method of payment; hours of fixed work; holidays; annual paid leaves; etc.; and even though the employer specified the working conditions in writing and delivered them to the worker, the Defendant did not deliver a written document specifying the working conditions to the E, who had worked from January 24, 2015 to April 9, 2017 at the aforementioned workplace, while entering into a labor contract with the said employee E.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Article 114 of the relevant Act on criminal facts, Article 114 subparagraph 1 and Article 17 of the Act on the Standards for Optional Labor Standards, and Selection of fines concerning criminal facts;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The part dismissing a prosecution under Article 59(1) of the Criminal Act (see, e.g., the first offender and the agreement on the settlement of money and goods smoothly with the victim) of the suspended sentence

1. The summary of the facts charged is that the Defendant is a DNA representative in Daejeon Dong-gu, Daejeon who is engaged in restaurant business.

When a worker retires, an employer shall pay wages, compensations, retirement allowances, and other money or valuables within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the Defendant did not pay E, who was employed from January 24, 2015 to April 9, 2017 and retired from the said workplace, KRW 69,600 of the annual paid leave allowance in 2015, KRW 723,600 of the annual paid leave allowance in 2016, the wage difference below the minimum wage during the period of service, KRW 6,142,00 of the paid leave allowance in 2016, and KRW 4,27,792 of the retirement allowance in 6,142,00 of the retirement allowance and KRW 4,77,792 from the date of retirement without agreement on the extension of the payment period.

2. Determination

A. Applicable Law: Articles 109(1) and 36 of the Labor Standards Act, Article 44 of the Workers' Retirement Benefit Guarantee Act.