Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is a user who runs the business of installing LED on the building B in Seongbuk-gu and the third floor in Sungnam-si.

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, when concluding a labor contract with C around January 2, 2017, the Defendant did not issue a document stating 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 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;

Nevertheless, the Defendant did not pay the total amount of KRW 806,451,00 from January 2, 2017 to January 16, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. C’s statement of special judicial police officer (whether it constitutes a worker under the Labor Standards Act is determined based on whether an employee provided labor in a subordinate relationship with the employer for the purpose of wages at the business or workplace in substance, and the application of the Act and subordinate statutes is sufficiently recognized based on the evidence duly adopted and investigated by this court, such as the employee C’s relatively consistent statement, D’s statement, contents of job offer advertisement, contents of job offer advertisement, etc.

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 114 of the Labor Standards Act regarding criminal facts.