Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a C representative in Si interest-si B and 101, who employs five full-time workers and operates food materials distribution business.

1. An employer unpaid wages shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 200,000,000 ( = 200,000 x 15 months) in total by paying KRW 300,000 per month among the wages of D retired from the said workplace from around February 21, 2016 to May 21, 2017, within 14 days from the date of retirement where the cause for payment occurred without agreement between the parties on the extension of the payment deadline.

2. An employer who has not prepared a labor contract shall, when concluding a labor contract, clearly state in writing the constituent elements of wages, calculation method, payment method, prescribed working hours, holidays pursuant to Article 55 of the Labor Standards Act, and matters concerning annual paid leaves pursuant to Article 60, and deliver the written statements specified therein to the worker;

Nevertheless, while entering into a labor contract with D around February 21, 2016, the Defendant did not clearly state in writing the composition items, calculation method, payment method, prescribed working hours, holidays, etc. of wages.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against E;

1. Some of the statements made by the prosecution against F by the public prosecutor;

1. Statement made by the police against D;

1. A copy of a note;

1. The defendant asserts that the account transaction details [the defendant's wages for D are not 2.5 million won but 2.3 million won, not wages for D].

In this regard, the defendant's wife F directly prepares the M&D's retirement pay of KRW 3,125,00,00.