Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the D representative located in Gangnam-gu Seoul and the first floor and is a user who runs restaurant business using two full-time workers.

An employer in violation of the Labor Standards Act shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 to workers.

Nevertheless, the Defendant did not deliver to E workers a written document stating the items of wages, calculation method, payment method, contractual work hours, holidays referred to in Article 55, and annual paid leave referred to in Article 60, when entering into a labor contract with E workers retired from office on May 10, 2013 through June 21, 2014.

(b) An employer violating the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay KRW 2,093,304 of retirement pay to retired workers E within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, while working in the above workplace from May 10, 2013 to June 21, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement of the defendant and E;

1. Details of confirmation of telephone, etc.;

1. Reports on internal affairs and written confirmation of advertisement transactions (after 2013);

1. Application of Acts and subordinate statutes on transportation cards;

1. Article 114 of the Labor Standards Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act concerning criminal facts;