A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the representative of C (State) in the Gyeong-gun B, North Gyeong-gun, who is an employer who engages in construction machinery rental business by employing one full-time worker.

1. An employer who violates the Labor Standards Act due to failure to pay in writing shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers when concluding a labor contract;

In such cases, a document stating the matters concerning the composition, calculation method, payment method, contractual work hours, holidays, and paid leave shall be delivered to workers.

Nevertheless, the Defendant did not deliver a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays, and paid leave when concluding a labor contract with D workers who worked in the above workplace on May 1, 2018.

2. When a worker dies or retires, an employer who violates the Labor Standards Act due to failure to pay money or valuables shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 1,200,000 from the date of his/her retirement within 14 days from the date of his/her retirement on May 1, 2018 to May 12, 2018, of the dismissed workers D, who were working for the same construction site from May 1, 2018 to May 12, 2018.

3. An employer in violation of the Labor Standards Act due to unpaid advance notice of dismissal shall, when he/she intends to dismiss (including dismissal due to managerial reasons) workers, give the advance notice at least 30 days, and when he/she fails to give the advance notice within 30 days, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant did not give prior notice on May 12, 2018 to workers D who worked like the above Paragraph 2.