Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of the corporation C in Busan Jung-gu and is the employer who ordinarily employs 18 workers and engages in cargo transport and daily import business.

1. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state in writing wages, working hours, holidays, annual paid leaves, and other working conditions as prescribed by the Presidential Decree to the workers when concluding the labor contract, and shall deliver to the workers a written statement specifying the items and methods of calculating wages, payment methods, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, the Defendant concluded a labor contract with D who worked as an English interpreter and translator from August 31, 2017 to February 9, 2018, and did not prepare and deliver a written labor contract specifying working conditions.

2. When an employer who has violated the Labor Standards Act due to unpaid advance notice of dismissal intends to dismiss (including dismissal due to managerial reasons) workers, he shall give such advance notice at least thirty days prior to the dismissal, and when the employer has failed to comply therewith, he shall pay the ordinary wages for not less than thirty days.

Nevertheless, upon dismissal of D on February 10, 2018, two million won or more of the pre-announcement of dismissal allowance corresponding to the ordinary wages for at least 30 days was not paid.

3. Where a worker dies or retires, an employer who has violated the Labor Standards Act due to failure to pay wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant paid KRW 707,737, in total, KRW 642,857, and KRW 64,880,737, which had been employed as an English interpreter and translator from August 31, 2017 to February 9, 2018, as well as KRW 64,880,00, which had been employed as an earned income tax year 2017, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.