The sentencing of a criminal defendant shall be suspended.

Punishment of the crime

1. The Defendant, who has not prepared a labor contract, is the representative director C in the Gyeonggi-si Seoul Special Metropolitan City, who employs ten full-time workers and operates a general restaurant business.

An employer shall clearly state wages, fixed working 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 items constituting wages, calculation methods, payment methods, prescribed working hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, while entering into a labor contract with D, the Defendant did not deliver to the employees a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, the holidays under Article 55, and the annual leave under Article 60.

2. The Defendant in the settlement of money and valuables is the representative director C in the Gyeonggi-si, Gyeonggi-si, and the employer who employs ten full-time workers and operates a general restaurant business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 in the said workplace from March 19, 2020 to April 29, 2020, and did not pay KRW 2,744,007 as wages of April 30, 2020 to retired workers D on April 30, 2020 within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to labor contracts and wage ledger;

1. Article 114 Subparag. 1, Article 17 of the Act on the Standards of Optional Labor for Criminal Facts, Article 114 Subparag. 1, and Article 109 of the Labor Standards Act.