The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the Labor Standards Act against C.

Punishment of the crime

The defendant is the representative director of E Co., Ltd. in Ansan-si D, who runs ready-mixed manufacturing business using 12 full-time workers.

1. An employer who violates the duty to specify in writing shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract. In such cases, the matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leaves under Article 60 shall be specified in writing and provided to the relevant employee if requested by the employee. However, the Defendant did not state in writing matters concerning wages, contractual work hours, holidays, and annual paid leaves when concluding each employment contract with the relevant employee C on August 8, 2012, and with the F on August 1, 2012.

2. Where an employer violating the Labor Standards Act due to unpaid wages dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant is working for the said workplace from August 1, 2012 to January 31, 2013.

A retired worker F's annual paid leave allowance of 261,240 won was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. The relevant legal statement of witness F;

1. Copy of payment statement, statement of account transaction, business registration certificate, full certificate of registered matters, personnel record card, unregistered money and other valuables, and application of Acts and subordinate statutes on the basis of calculation;

1. Article 109(1) and Article 36 of the Labor Standards Act as to criminal facts, Article 114 Subparag. 1 and Article 17 of the Labor Standards Act as to the option of criminal facts, and Article 109(1) and Article 36 of the Labor Standards Act, respectively;