A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is a D representative in Dongbcheon-si B and C who runs a construction business with one full-time worker.

1. An employer shall deliver workers with a written statement specifying the constituent items, calculation method, payment method and contractual work hours of wages related to wages, holidays, and matters pertaining to annual paid leave when concluding an employment contract;

Nevertheless, the Defendant concluded a labor contract with workers E on December 24, 2018 at the same workplace and did not issue a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and the matters of annual paid leave related to wages.

2. When a worker retires, the employer shall pay the wages, compensations, and all other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 12,505,00 from the date of his/her retirement within 14 days from the date of his/her retirement, without any agreement between the parties on the extension of the due date of payment between the parties concerned.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's written statement statement E;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act on criminal facts, Article 109 (1) and Article 36 of the Labor Standards Act on the Selection of Punishment (a failure to provide written statement of working conditions).

1. The former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act for the aggravation of concurrent crimes and the punishment for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act on the Detention in Labor House and Article 62(1) of the Criminal Act;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant has long been given an opportunity to pay wages for the reason of sentencing, but no payment has been made, and the defendant has been punished several times for the same crime.