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Punishment of the crime

The defendant is a representative of Busan Jung-gu B and 7th floor C, who runs the sale of disposable products by employing four full-time workers.

1. When an employer concludes a labor contract, he/she shall clearly state the wages, contractual hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver a written statement specifying the matters concerning the composition, calculation method, payment method of wages, contractual hours, holidays, and annual paid leaves among them;

Nevertheless, on November 28, 2017, the Defendant did not deliver to the said workplace a written statement on December 4, 2017, in entering into each employment contract with workers E on December 28, 2017.

2. When an employer who violates the Labor Standards Act dies or retires, he/she shall pay wages, compensations, and other money or 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, from December 4, 2017 to April 4, 2018, the Defendant is in charge of selling products at the above workplace.

A retired worker E’s total of KRW 1,491,850 below the minimum wage amount from March 4, 2018 to April 4, 2018 and KRW 2,91,850 below the minimum wage amount from December 4, 2017 to April 4, 2018, did not pay KRW 2,91,850 within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 Subparag. 1 and Article 17 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 201); Article 17 of the same Act (amended by Act No. 15108, Nov. 1, 201); Article 37 former part of Article 38(1) of the Criminal Act among concurrent offenders.