Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is the representative of Dongju City C who runs wholesale and retail business with four regular workers.

1. An employer who fails to pay in writing shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers at the time of concluding a labor contract, and shall deliver written statements specifying the items of wages, calculation methods, payment methods, prescribed working hours, holidays, and annual paid leaves to workers;

Nevertheless, at the time of concluding a labor contract with D in charge of sales and delivery at the above workplace, and on July 1, 2017, the Defendant did not respectively deliver to the employees a written statement specifying the composition items, calculation method, payment method, prescribed working hours, holidays, and annual paid leave at the time of concluding a labor contract with E on November 4, 2017.

2. An employer who has retired or unpaid shall pay a retirement allowance within 14 days from the date when the grounds for such payment occurred when the employee retires.

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

The Defendant worked in the foregoing workplace from July 1, 2017 to December 19, 2018 and did not pay retirement pay of D retirement pay of 3,362,816 won, and retirement pay of 2,535,732 won, from November 4, 2017 to December 31, 2018, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Written opinion;

1. Report on the offender's domicile;

1. A petition of D or E;

1. Statement to F and E;

1. Application of Acts and subordinate statutes concerning confirmation of facts, such as telephone;

1. Article 114 subparagraph 1 of the Labor Standards Act concerning criminal facts, Article 117 (2) of the same Act, Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act, and Article 9 of the same Act;

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

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.