Defendant shall be punished by a fine of KRW 1,500,000.

Where the defendant does not pay the above fine, one day shall be 10.

Punishment of the crime

The Defendant, as an actual business owner of “C” in Busan Jung-gu, is an employer who runs beauty service business using one full-time worker.

1. Violation of the Labor Standards Act;

(a) An employer who fails to prepare and deliver a written employment contract shall deliver the worker a written document specifying working conditions, such as wages, contractual work hours, holidays, and annual paid leaves, to the worker when concluding the employment contract;

Nevertheless, from June 3, 2017 to August 30, 2018, the Defendant concluded a labor contract with a retired worker D while taking charge of the four-day management work at the pertinent workplace, and did not deliver to the said D a labor contract that specifies working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc.

B. When a worker dies or retires, an employer who violates the obligation to liquidate overdue wages shall pay wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, and even though D retired on August 30, 2018, the Defendant did not pay D an weekly holiday allowance of KRW 2,373,600 within 14 days from the date of retirement to D.

2. An employer in violation of the Guarantee of Workers' Retirement Benefits Act shall, if a worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and the defendant did not pay the retirement allowance of 1,946,873 won within 14 days from the date of retirement even though D retired on August 30, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to calendar cards, average wages, and retirement allowances;

1. Article 114 subparag. 1 and Article 17 of the Labor Standards Act, Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, the applicable law for criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act, the selection of fines, etc.;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.