Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of personal cargo in Seo-gu Daejeon, who runs the cargo transport business using two full-time workers. A.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

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

However, from November 14, 2014 to December 9, 2014, the Defendant did not pay the D’s wage of KRW 675,000 on December 2014, which worked as a cargo driver at the same workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When an employer concludes a labor contract, he/she shall clearly state 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 to workers, and shall deliver written statements in which matters concerning the composition, calculation methods, payment method, contractual work hours, holidays under Article 55 of the same Act, and annual paid leaves under Article 60 of the same Act are clearly stated;

However, when concluding a labor contract with D on November 14, 2014 with which the Defendant worked as cargo driver at the above workplace, the Defendant did not deliver to D a written statement specifying matters concerning the constituent items, calculation method, payment method, contractual hours, holidays under Article 55 of the Labor Standards Act, holidays under Article 60 of the same Act, and annual paid leave under Article 60 of the same Act.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Act on the Selection of Penalties, and Articles 114 Subparag. 1 and 17(2) of the Labor Standards Act (the issue of non-delivery in writing and the choice of fines);

1. Article 37 of the Criminal Code among concurrent crimes.