A defendant shall be punished by imprisonment with prison labor for a period of ten months and a fine of three million won.

Provided, That each of the above punishments for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as the reported representative in the Gu and America, is an employer who has been engaged in the manufacturing industry (manufacturing and processing of food) by utilizing 20 full-time workers as the reported representative in the Gu and Si.

1. Violation of the Labor Standards Act;

(a) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, a document stating the items, calculation method, payment method and contractual work hours of wages, holidays referred to in Article 55, and annual paid leave referred to in Article 60 shall be delivered to workers.

Nevertheless, from August 1, 2013, the Defendant is carrying out the duties, such as food cooking, in the duties of cook from W.

When concluding an employment contract with 31 retired workers as shown in the attached Table 1, including X-X that retired on February 1, 2016, no written employment contract was prepared and issued, specifying the constituent items, calculation method, payment method and contractual work hours of wages, holidays, annual paid leave, and other matters concerning working conditions prescribed by Presidential Decree.

(b) 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, on February 14, 2017, did not pay 39,400,276 won, including 800,000 won in February 2017, which retired from the said place of business, as well as 39,40,276 won in total, as stated in the attached Table 1 List of Offenses 1, to the effect that 14 days have passed from the date of retirement without an agreement on extension of the due date between the parties

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and