Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is the D representative director of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and uses online contents production and provision services using nine full-time workers.

1. When an employer concludes a labor contract, he/she shall clearly state in writing the matters concerning the composition items, calculation method, payment method, contractual work hours, holidays and annual paid leave to the worker, and deliver the written matters to the worker;

Nevertheless, while concluding a labor contract with E working from October 29, 2018 to July 3, 2019 at the above workplace, the Defendant did not clearly state in writing matters concerning the composition items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or 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 Defendant had worked from October 29, 2018 to July 3, 2019 and retired from the said workplace, and had not paid KRW 2,732,30, the monthly wage of KRW 275,807 on November 2018, the wage of KRW 62,830 on December 2018, the wage of KRW 87,451 on January 2019, the wage of KRW 2,000,000 on June 2019, and the annual paid leave of KRW 306,220 on June 2019, and the annual paid leave of KRW 2,732,30 on the date of retirement within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Article 114 subparagraph 1 of the Labor Standards Act, Article 114 of the relevant Act on Criminal facts, Article 109 (1) and Article 36 of the Labor Standards Act, and the selection of fines, respectively, concerning the punishment of a crime;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.