A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is the representative of E Co., Ltd. in Nam-gu Incheon Metropolitan City D, who operates a manufacturing business using four regular workers.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, an employer who has paid wages shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor from around September 3, 2018 to October 23, 2018 to retired workers F’ wage of 1,903,125 won on September 9, 2018, and wage of 293,500 won on October 2018, as indicated in the attached Table Nos. 1 to 8, and 100, did not pay wages of 9 workers, including the above F, within 14 days from the date of each retirement without agreement on extension of the due date between the parties.

(b) When concluding an employment contract, an unissued employer shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., and shall deliver written statements specifying the items, calculation methods, payment method and contractual work hours of wages, holidays and annual paid leaves to workers;

Nevertheless, on September 3, 2018, the Defendant did not deliver to F a document stating matters concerning wages, contractual work hours, holidays, annual paid leave, etc. when concluding a labor contract with F workers at the same workplace.

2. An employer who violates 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

Nevertheless, the Defendant provided labor from October 23, 2017 to November 16, 2018 at the same place of business, and did not pay KRW 2,99,874 of G retirement allowances of retired workers 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. Defendant's legal statement;

1. Each of the F, H, I, J, G, K, L, M, and N.