The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Punishment of the crime

The suspect is a DNA manager located in Eunpyeong-gu Seoul Metropolitan Government, who ordinarily employs one worker and operates the clothing sales business.

When an employer concludes a labor contract, he/she shall clearly state wages to workers, holidays referred to in Article 55 of the contractual work hours, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree, and shall deliver written statements specifying the items and methods of calculating wages, methods of payment, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, the suspect was in charge of sales business from April 14, 2014 to February 17, 2015 and entered into an employment contract with E that retired from office and did not specify in writing the items of wages, calculation method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60 of the same Act, and other matters concerning working conditions prescribed by Presidential Decree under the same Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes on investigation reports;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The dismissal of prosecution under Article 59(1) of the Criminal Act (i.e., the fact that a suspended sentence is recognized)

1. When a worker dies or retires, the employer of the facts charged as to this part shall pay the wages, compensations, and all other money and 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, the suspect was in charge of sales business from April 14, 2014 to February 17, 2015 and retired from office.