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 the representative of the C Company in Yeongdeungpo-gu Seoul Metropolitan Government, who ordinarily employs seven workers and operates hotel business.

When concluding a labor contract with D on February 20, 2014, the Defendant did not specify in writing matters concerning the constituent items, calculation method, prescribed working hours, holiday pursuant to Article 55 of the Labor Standards Act, and annual paid leave pursuant to Article 60.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The Defendant in the facts charged did not pay KRW 669,60,00 for annual allowances of workers D, and KRW 8,282,747, total allowances, and KRW 8,952,347, and retirement allowance 1,022,230, which were worked by C Company from December 20, 2014 to April 1, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. Determination and conclusion of the above facts charged are crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 subparag. 1 and 9 of the Workers’ Retirement Benefit Security Act, and are not prosecuted against the victim’s express intent under the proviso of Article 44 of the Workers’ Retirement Benefit Security Act.

Since the victim expressed his intention not to be punished against the defendant in this court after the prosecution of this case was instituted, each of the charges against the violation of the Labor Standards Act due to unpaid money and valuables among the charges of this case and violation of the Guarantee of Workers' Retirement Benefits Act are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.