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 an actual manager of Eul Co., Ltd. located in Jung-gu Incheon Metropolitan City, who runs a manufacturing business using 15 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay KRW 800,000 of the retirement worker F, who worked in the above workplace from October 1, 2013 to April 13, 2014, within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date for payment.

2. When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree, and shall deliver written statements specifying the items constituting wages, the methods of payment, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60 to workers;

Nevertheless, while entering into an employment contract with retired workers F who worked in the above workplace from October 1, 2013 to April 13, 2014, the Defendant did not deliver to the employees a written document specifying the items of wages, calculation method, payment method, prescribed hours of work, holidays under Article 55, and annual paid leaves under Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement which is authentic of the F;

1. Application of Acts and subordinate statutes on salary specifications;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1), 36 of the Act on the Standards for Optionald Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a point of failing to prepare a labor contract);

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;