Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

The defendant is an employer who runs a construction business by employing four full-time workers as an operator of the D Co., Ltd. in permanent residence C.

1. An employer shall specify working conditions, such as wages, prescribed working hours, etc., to workers when concluding a contract for labor, and deliver the workers in writing specifying the constituent items, calculation method, method of payment, prescribed working hours, etc. of wages;

Nevertheless, on April 1, 2013, the Defendant did not clearly state in writing the matters concerning the above working conditions while concluding a labor contract with E employed in the said workplace.

2. When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, from April 1, 2014 to October 31, 2015, the Defendant worked as the site manager at the construction site of the Defendant at the Gandong-gun, Gandong-gun, and the Defendant did not pay the total of KRW 21,300,000,000,000,000 for the wages of March 2015 of the retired workers E, and KRW 21,300,000,000 and retirement allowances and KRW 7,590,230,00,000,000,000 for the wages of October, 201, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness E;

1. Details of deposit transactions, details of account transfer, etc., E's detailed statement of benefit transfer, statement of benefit transfer, E's resignation, and disbursement resolution;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 114 subparag. 1, Article 17 of the Labor Standards Act (a failure to provide written statements on the working conditions), Article 109 subparag. 1, Article 36 of the Labor Standards Act (a failure to pay wages), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a failure to pay retirement wages) for criminal facts.