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

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

Punishment of the crime

The Defendant, as the representative of the Suwon-si Tong-si B, is an employer who runs a manufacturing business and a baking business using four full-time workers.

1. An employer in violation of the Labor Standards Act due to the failure to prepare a labor contract shall clearly state the wages, prescribed working hours, holidays, annual paid leaves, and other working conditions in concluding the labor contract, and shall deliver the worker a written statement in which the items and methods of calculating the wages, prescribed working hours, prescribed working hours, holidays, annual paid leaves, etc. of the worker are specified;

Nevertheless, while entering into a labor contract with a worker D on January 20, 2017, the Defendant did not prepare a document stating the above matters or deliver it to the said D.

2. If an employee in violation of the Labor Standards Act following the delay in payment of money or valuables dies or retires, the employer shall pay him/her wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant, from January 20, 2017 to February 29, 2020, worked as a bread shed in the instant company and did not pay KRW 4,645,004 of the paid-in weekly leave allowances to retired workers D within 14 days from the date of retirement without an agreement between the parties.

3. An employer who violates the Guarantee of Retirement Benefits for a worker shall, if the worker retires, pay the retirement allowance within 14 days after the date on which the reasons for such payment was issued, unless agreed by the parties concerned

Nevertheless, the Defendant, from January 20, 2017 to February 29, 2020, worked as a bread shed in the instant company and did not pay KRW 3,251,370 of the retirement allowances of retired workers D within 14 days from the date of retirement without the agreement between the parties.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of Acts and subordinate statutes to the complaint and copy of the business registration certificate;

1. Article 114 of the Labor Standards Act for Criminal Facts