A defendant shall be punished by imprisonment for a term of six months and a fine of eight hundred thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is the representative director of the K in Gyeong-si, Chungcheongnam-si, which has been engaged in the manufacturing industry (manufacturing and marketing equipment) by using ten full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, a document stating the items, calculation method, payment method and contractual work hours of wages, holidays referred to in Article 55, and annual paid leave referred to in Article 60 shall be delivered to workers.

Nevertheless, from July 1, 2017, the defendant has been performing the job duties of daily employed workers from around July 1, 2017.

When concluding a labor contract with F and G workers Nos. 1 and 2 attached Table 2, such as F retired on April 24, 2018, the labor contract was not prepared and issued in writing stating the constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, and other matters concerning working conditions prescribed by Presidential Decree.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, on March 20, 2018, did not pay KRW 1,300,000 as well as KRW 33,839,531 of the total wages of five retired workers on or around March 20, 2018, as shown in the list of crimes in attached Table 1, as well as KRW 1,30,00,00, within 14 days from the date of retirement without agreement on extension of the due date between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall start from the date when a worker retires; and