Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is an employer who operates a sports training course by utilizing two full-time workers under the trade name of “D” on the Busan Jin-gu C and the first underground level.

1. An employer shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall issue written statements specifying the items constituting wages, the calculation method, and payment method, prescribed working hours, holidays, and annual paid leaves among them;

Nevertheless, on November 11, 2014, the Defendant did not deliver to the Defendant a document stating the above matters in concluding a labor contract with workers E in the above workplace.

2. When a worker dies or retires, an employer shall pay him/her wages, retirement allowances, or all 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 did not pay the total of KRW 3,401,122 of the wages and retirement allowances of retired workers E while working in the said workplace from November 11, 2014 to October 10, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on filing of a complaint, calculation of retirement allowances, and details of passbook transactions;

1. Article 114 subparag. 1, Article 17(2) of the Labor Standards Act (which shall not be paid for a contract), Article 109(1), Article 36 of the Labor Standards Act (which shall be in violation of the duty to liquidate money and goods), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which shall be in violation of the duty to liquidate money and goods), Article 44 subparag. 1, and Article 9 of the same Act on criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crimes of violation of the Labor Standards Act due to the violation of the duty to liquidate money and valuables, and the crimes, the nature and circumstances of the crimes are heavier.