A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 500,000 won.

When the defendant does not pay the above fine.

Criminal facts

When the defendant works as a representative of D Co., Ltd. located in Ma, the defendant was engaged in the manufacturing industry with 12 full-time workers.

1. From March 19, 2012 to October 7, 2013, the Defendant did not pay the total of KRW 9,437,830 of wages and retirement allowances of KRW 3,126,920 of workers E who worked at the said workplace as well as KRW 196,116,750 of wages and KRW 138,104,240 of workers’ retirement allowances, as shown in the attached crime list, within 14 days from the date of retirement, without agreement on extension of the due date between the parties.

2. An employer shall specify wages, contractual work hours, holidays, annual paid leaves, etc. to workers when concluding an employment contract, and deliver written statements specifying the constituent items, calculation methods, payment methods, contractual work hours, holidays, annual paid leaves, etc. to the workers;

Nevertheless, on March 19, 2012, the Defendant concluded a labor contract with workers E at the above workplace and did not deliver documents stating the above matters to E, and did not deliver them to the Defendant four times in total as shown in the attached crime list Nos. 2, 4, 5, and 8.

Summary of Evidence

1. Defendant's legal statement;

1. Each petitioner's statement;

1. A written petition;

1. The adjusted data of each amount of wages received and the date of receipt;

1. A detailed statement of calculation of each retirement allowance;

1. Each benefit ledger and each detailed statement of salary;

1. Application of the details of each financial transaction and the statutes governing copies thereof;

1. Relevant provisions of the Labor Standards Act and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act, Article 114 Subparag. 1 and 17 of the Labor Standards Act (which means delivery of documents entered in the working conditions), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means payment of retirement allowances and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act of the suspended execution;