A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The defendant is a user who runs retail business using four full-time workers as a D representative with the Guro-gu Seoul Metropolitan Government and the 7th floor and the 8th floor.

1. An employer who violates the Labor Standards Act relating to the violation of the duty to specify in writing the labor contract and provide the worker with a written statement specifying the items of labor composition, calculation method, and payment method of wages, prescribed working hours, holidays, and annual paid leaves, etc. when concluding a labor contract, and shall deliver the written statement specifying the modified matters to the worker when amending the terms and conditions of the labor contract;

Nevertheless, on June 12, 2017 and December 1, 2018, the Defendant concluded a modified labor contract with workers E on June 12, 2017, and on December 1, 2018, did not deliver to workers a written document specifying matters such as the constituent elements, calculation method, payment method, prescribed working hours, holidays, annual paid leave, etc. of wages.

2. Where an employer violates the Labor Standards Act related to unpaid wages and retirement allowances, or a worker dies or retires, the employer shall pay the worker wages, compensations, and all other money and 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, from September 15, 2014 to November 30, 2018, retired from the said workplace, did not pay the total wages of 86,674,712 won and total retirement allowances of 23,902,306 won within 14 days from the date of retirement, as well as 257,781 won for December 2015, 2015, as shown in the attached crime list 2 to 4.

3. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount; and

Nevertheless, the defendant is employed by E in the above workplace as described in paragraph (2).