Defendant shall be punished by a fine of 300,000 won.

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

Punishment of the crime

The defendant is the representative of Sungwon-si C, Sungwon-si, who ordinarily employs three workers and operates a general restaurant business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and any other money or valuables within 14 days from the date on which the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 120,600 for paid holiday allowances on December 5, 2016, which were worked at the said workplace from December 5, 2016 to March 16, 2017, and KRW 132,00 for paid holiday allowances on January 2, 2017, KRW 132,00 for paid holiday allowances on February 2, 2017, KRW 66,00 for paid holiday allowances on March 3, 2017, and KRW 391,60 for paid holiday allowances on March 16, 2017 to 14 days after the date of retirement.

(b) When concluding an employment contract, the employer shall clearly state the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to the worker, and deliver the written statement to the worker.

Nevertheless, the Defendant entered into a labor contract with the above E around December 5, 2016 and did not specify the above matters in writing.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and a written petition of E;

1. A commuting card;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1), 36 of the Act on the Standards for Optional Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a violation of an obligation to specify working conditions);

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;