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

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

Punishment of the crime

The defendant is the employer who is a representative of the CMoel in Incheon Gyeyang-gu and runs the maternity business using 11 full-time workers.

1. Where an employer who violates Article 36 of the Labor Standards Act retires a worker, he/she shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 10,743,472 won, and the total amount of KRW 5,459,880, which was worked from June 15, 2016 to November 15, 2016, to employees E, who worked in the said workplace from September 3, 2015 to June 10, 2016, for 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

2. An employer who violates Article 17 (2) of the Labor Standards Act shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the items, calculation methods, payment method and contractual work hours of wages, holidays under Article 5 and annual paid leaves under Article 60 to workers;

Nevertheless, when concluding a labor contract with D workers who worked in the above workplace on September 3, 2015, the Defendant did not issue a document stating matters concerning the constituent items, calculation method, payment method, contractual hours of wages, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and F;

1. The application of Acts and subordinate statutes to each account transaction statement, three telecoming business data, three telecoming sales data, and three telecoming benefit ledger;

1. Relevant provisions of the Act on Criminal Facts and the choice of punishment, respectively, are amended by Act No. 15108, Nov. 28, 2017.