Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A is an employer as a business owner in Ulsan-dong-gu C, Ulsan-gu, who runs a single food restaurant business with ten full-time employees, and Defendant B is an employer as a representative in the name of operating a single food restaurant business with ten full-time employees.

1. An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

Nevertheless, on September 15, 2014, the Defendants did not specify in writing working conditions, such as wages, when concluding a labor contract with workers E at the same workplace.

2. When a worker retires, the employer shall pay him wages within fourteen days after the cause for such payment occurred; and

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendants are employed by the said workplace as a worker and employed by the said workplace from September 15, 2014 to October 19, 2014.

A retired worker E's wage of 310,000 won in October 2014 was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendants’ respective legal statements

1. A true E statement;

1. A statement of entry and withdrawal of passbook;

1. The name of the business registration certificate, the application of the Act and subordinate statutes on the Work Hours from September to October 2014;

1. Defendants: Articles 114 subparag. 1, 17, 109(1), and 36 of the Labor Standards Act, and the choice of fines for negligence

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendant B to suspend the sentence: Fine of 300,000 won;

1. Defendants of detention in the workhouse: Defendant of Articles 70 and 69(2) of the Criminal Act.