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 Co., Ltd. who employs eight full-time workers in Gwangju Dong-gu.

1. An employer who violates the duty to specify working conditions and provide written terms and conditions shall specify the wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the employee when concluding a labor contract, and shall deliver a written document specifying the items and methods of calculating wages, the methods of paying wages, and the matters concerning the small working hours, holidays, and annual paid leaves, but the Defendant did not deliver a written document stating the above matters without specifying any other working conditions other than wages, when concluding a labor contract with D on April 12, 2017.

2. The Defendant, who violated his/her obligation to liquidate money and valuables, did not pay the wages of KRW 730,900 for retired workers D and KRW 69,550 for annual leave allowances from April 12, 2017 to May 12, 2017 within 14 days from the date of his/her retirement, without agreement on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the public prosecutor and the police interrogation of the accused;

1. Each police statement made against the defendant and D;

1. Application of Acts and subordinate statutes on investigation reports (specific, etc. of the amount of damage caused by truth);

1. Article 114 subparagraph 1 of the relevant Act, Article 114 of the Labor Standards Act concerning facts constituting an offense, Article 117 of the Labor Standards Act (a violation of the duty to specify the working conditions and provide written statements), Articles 109 (1) and 36 of the Labor Standards Act (a violation of the duty to liquidate gold and the choice of fines);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of the punishments specified for each of the said crimes is aggregated);

1. Determination as to the Defendant’s assertion under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse

1. The summary of the argument is ① KRW 208,650 out of unpaid wages is reduced by 10% during the period of settlement in accordance with the labor contract and the minimum wage law.

(2) The remainder of 522,250 won shall be agreed with D around June 9, 2017.