Defendant shall be punished by a fine of 300,000 won.

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 operates a public notice board as “C” in Dongjak-gu Seoul Metropolitan Government.

1. An employer who violates an obligation to specify working conditions shall specify working conditions, such as wages, prescribed working hours, holidays, annual paid leaves, etc., in concluding an employment contract, and deliver the written form specifying the items, calculation methods, and payment methods of wages to the workers;

Nevertheless, the Defendant concluded a labor contract with a worker D on February 3, 2015, and did not specify working conditions as above, or did not deliver a document specifying the constituent items, calculation method, payment method, etc. of wages.

2. An employer who has not paid wages or retirement allowances shall, if a worker retires, pay the wages, retirement allowances, or any other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 8,828,003 won in total, 8,075,497 won and retirement allowances of 752,506 won to retired workers D while working at the same workplace from February 3, 2015 to April 30, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of the due date.

Summary of Evidence

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Each police statement concerning D;

1. Written statements of D;

1. Complaint;

1. Investigation report by the prosecution (report on the investigation results of the case and on calculation results of accrued wages);

1. Application of Acts and subordinate statutes on the place of business, business registration certificate, and attendance book;

1. Subparagraph 1 of Article 114 of the Labor Standards Act, Article 17 of the same Act on criminal facts, Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the former Criminal Code of Trade Competition (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Punishment;