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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the representative director of C, a corporation with the wife population B, who runs a manufacturing business (chemical-related products) using eight full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked from May 25, 2009 to May 25, 2011, and did not pay KRW 1,480,488, and KRW 1,144,013 of the annual paid leave in 2010 to retired workers D, for the period of 14 days from the date of retirement without agreement between the parties on the date of payment.

(b) 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 to workers when concluding a labor contract;

In such cases, matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays referred to in Article 55 and annual paid leave referred to in Article 60 shall be specified in writing and delivered to the worker at his/her request.

Nevertheless, the defendant has worked in the above workplace as a business-based worker D and has not performed it when entering into a labor contract on May 25, 2009 with the retired worker D.

Summary of Evidence

1. Partial statement of the defendant;

1. The petitioner's statement;

1. Statement of the respondent, the protocol of statement of the witness, and the protocol of statement;

1. A statement for calculating average wages and retirement allowances, details of unpaid incentives, and details of passbook transactions;

1. Application of Acts and subordinate statutes to the relevant data delivery, business registration certificate, certified transcript of register, payment record, and employment insurance history;

1. Relevant Article of the Act and the Labor Standards Act concerning criminal facts;