Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is the representative director of the D Co., Ltd. located in Dongdaemun-gu Seoul Metropolitan Government, who runs a construction business using six full-time workers.

1. An employer who violates the Labor Standards Act due to non-paid allowances shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred if the employee retires;

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

Nevertheless, the Defendant did not pay KRW 7,183,769 in total, including KRW 2,97,190, and KRW 7,183,769, as indicated in the attached list of crimes, for three workers, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as well as KRW 2,97,190, which was retired from the Defendant’s service at the same workplace from March 2, 2013 to April 8, 2016.

2. An employer in violation of the Labor Standards Act due to a violation of the duty to specify working conditions shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract. In such cases, he/she shall deliver a written statement specifying the matters concerning the composition and method of calculating wages, prescribed working hours, prescribed working hours, holidays, and annual paid leaves;

Nevertheless, the Defendant worked from January 26, 2016 to March 31, 2016, and did not deliver a document specifying the working conditions while entering into an employment contract with the retired F and January 26, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, E, and F;

1. Calculation of annual allowances and application of Acts and subordinate statutes on bankbooks;

1. Article 109(1) and Article 36 of the Act on the Standards of Workers for Criminal Fact-Findings, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (the obligation to specify the working conditions).