Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant, as the representative of C in Gyeonggi-si, is an employer who ordinarily employs one worker and operates a restaurant business.

1. The Defendant who violated the Labor Standards Act following the overdue payment of wages did not pay KRW 3,940,286 in total to D who retired from the above restaurant on October 1, 2019 through January 26, 2020, within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment deadline, as stated in the attached Table of Crimes, including KRW 461,258 as well as KRW 461,258 on October 2019.

2. On October 1, 2019, the Defendant violated the Labor Standards Act due to the failure to provide labor contracts with D, who retired while working as described in the above paragraph (1) and D, did not deliver to the said D, a written statement stating the items constituting wages, calculation method, payment method, and small working hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60 of the same Act, and annual paid leaves under Article 60 of the same Act.

Summary of Evidence

1. Statement by the defendant in court;

1. A detailed statement of time to and from work, records of commuting to and from work, and a detailed statement of deposit transactions with D;

1. Application of Acts and subordinate statutes reporting internal investigation results;

1. Article 109(1), Article 36, subparagraph 1 of Article 114, and Article 17(2) of the Act on the Standards for Voluntary Work for Criminal Facts, Articles 109(1), 114(1), and 17(2) of the same Act, the selection of fines for offenses;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;