Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government Co., Ltd. who runs a manufacturing business with 14 regular workers.

1. When an employer concludes a labor contract, he/she shall clearly state in writing matters concerning the composition, calculation method and payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the same Act, and deliver the specified documents to the worker;

Nevertheless, the Defendant concluded a labor contract with D who worked from October 1, 2017 to February 14, 2018 at the above workplace, and did not clearly state the above matters concerning the working conditions in writing.

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

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 1,70,000 for December 1, 2017, and KRW 535,713 for February 2018, as well as KRW 2,235,713 for which he/she worked in the said workplace from October 1, 2017 to February 14, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each written statement of D;

1. The Defendant asserts that he paid all wages by paying KRW 2.5 million to D on May 14, 2018.

However, a violation of the Labor Standards Act due to unpaid wages is established when an employer fails to pay wages to workers within 14 days from the date of retirement without agreement between the parties. As long as the Defendant did not pay wages within 14 days from February 14, 2018, which is D's retirement date, until 14 days from February 14, 2018, it shall be after the establishment of the crime.