Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The Defendant, as the representative director of the “C” in Busan Shipping Daegu, is an employer who runs a general restaurant.

1. An employer who violates the Labor Standards Act due to the payment of wages shall, where the worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Defendant Company served as a principal assistant from January 9, 2017 to January 12, 2017 at the same place of business and did not pay KRW 283,870 of the retired employee G on January 1, 2017 within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall, when concluding a labor contract, clearly state the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to the workers, and shall deliver a written document stating the composition items, calculation method, payment method, small working hours, holidays, annual paid leaves, etc. to the workers;

The defendant worked as a main assistant from January 9, 2017 to January 12, 2017 at the same place of business, and concluded a labor contract with the retired worker G, and did not specify and deliver, in writing, matters such as wages, prescribed working hours, holidays, annual paid leave, etc. to the said worker.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 114 subparagraph 1 of the relevant Act, Article 114 of the Labor Standards Act concerning facts constituting an offense, Article 117 of the Act on the Standards for Selective Labor (a violation of the duty to specify and deliver the working conditions), Articles 109 (1) and 36 of the Labor Standards Act (a violation of the duty to liquidate gold, a choice of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;