Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is a representative director C in the Si-si, which is located in Si-si, and a user who conducts automobile maintenance business using 16 full-time workers.

1. An employer in violation of the Labor Standards Act (non-preparation of a labor contract) shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55, and annual paid leaves under Article 60;

The defendant did not enter into a written contract with D who worked in the above workplace from December 1, 2014 to June 15, 2017.

2. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay the employee wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Defendant 1 worked in the said workplace from December 1, 2014 to June 15, 2017, and did not pay D retirement allowances of KRW 2,066,986 on the annual leave of absence, and without agreement on the extension of the payment period between the parties, within 14 days from retirement.

3. Where an employer who violates the Guarantee of Retirement Benefits for Workers retires, the employer shall pay the employee a retirement allowance within 14 days after the ground for such payment occurred.

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

Defendant 1 worked in the said workplace from December 1, 2014 to June 15, 2017, and did not pay 3,926,720 won in the difference of retirement allowances to D who retired from the said workplace, and without agreement on the extension of the payment deadline between the parties, within 14 days from the date of retirement.

Summary of Evidence

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