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

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 of C in the racing-si, who ordinarily employs five workers and operates the distribution business.

1. An employer who violates the Labor Standards Act specifying working conditions shall deliver workers in writing, specifying matters such as wages, contractual work hours, holidays, annual paid leaves, etc. when concluding a labor contract;

Nevertheless, while concluding a labor contract with D workers who retired from office from May 1, 2019 to July 12, 2019, the Defendant did not clearly state in writing matters such as wages, contractual work hours, holidays, annual paid leave, etc. to the said workers.

2. When a worker dies or retires, the employer who violates the Labor Standards Act related to the settlement of money and valuables shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, who had worked between May 1, 2019 and July 12, 2019, did not pay KRW 2,374,692, out of the wages of 252,395 in May 2019 of 2019, 252,395 in the wages of 2019, 252,395 in the wages of 2019, 949,314 in July 2019, and 92,374,692 in the aggregate of money and valuables of 920,58 won in the overtime allowances, within 14 days from the date of retirement.

Summary of Evidence

1. Written complaint filed by the police against D of the suspect interrogation protocol of the defendant concerning the defendant in the court statement, and the written complaint;

1. Investigation report (for workers within the workplace, the details of arrears with a complainant) and investigation report (for workers within the workplace);

1. Application of investigation reports (property re-determination of an accused overtime allowance) and the details of overtime allowance to statutes;

1. Article 114 subparag. 1 and Article 17(2) of the Labor Standards Act (in violation of the duty to specify working conditions in writing, selection of fines) on criminal facts under Articles 109(1) and 36 of the Labor Standards Act;

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