Defendant shall be punished by a fine of 1.5 million won.

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 D in Geumcheon-gu Seoul Metropolitan Government building C and is an employer who operates tax service by using three regular workers.

1. Violation of the Labor Standards Act;

(a) An employer who fails to prepare a labor contract shall clearly state in writing the working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., to the workers and shall deliver them to the workers;

Nevertheless, while concluding a labor contract on July 1, 2015 with workers E, the Defendant did not prepare and deliver a written document stating working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc. to E.

(b) Where a worker dies or retires, an employer unpaid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 1,705,120 of the E’s wages on September 1, 2017, which worked from July 1, 2015 to September 19, 2017 at the same place of business, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to the extension of the due date.

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

Nevertheless, the Defendant did not pay KRW 5,753,40 of E's retirement pay from July 1, 2015 to September 19, 2017 at the same place of business without agreement between the parties to the extension of the payment due date within 14 days from the date of the occurrence of the cause for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on the statement of retirement allowance, details of benefit passbook, and benefit transaction;

1. Article 114 Subparag. 1 and Article 17 of the Labor Standards Act (in cases of failure to prepare a written labor contract) concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act (in cases of failure to pay wages);