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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is an employer who has run hotel business with six regular workers at a hotel at a macro-city B hotel.

1. Where a worker dies or retires, the employer unpaid wages shall pay the wages, compensations, and other money or valuables within 14 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 works in the above workplace from September 7, 2019 to April 28, 2020.

A retired worker C’s total amount of money and valuables of KRW 523,710,00,000 per day from October 2019 to December 2019, and KRW 592,430,000,000 per day from March 1, 2020, was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

2. An employer who fails to deliver a written employment contract shall clearly state wages, contractual work hours, annual paid leaves as prescribed in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding the employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays as prescribed in Article 5, and annual paid leaves as prescribed in Article 60 to workers;

Nevertheless, on September 7, 2019, the Defendant concluded a labor contract with C on September 7, 2019, did not deliver to the employee a document stating the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leave under Article 60.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's written statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act regarding criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a failure to provide written statements on working conditions);

1. Aggravation for concurrent crimes;