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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant, as the representative of the Chungcheongnam-si Company B, is a user who runs a construction business with 10 full-time workers awarded a soup and soup construction work as well as D located in Chungcheongnam-si.

1. An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract;

In such cases, matters concerning the composition, calculation method, payment method, contractual work hours, and holidays under Article 55 shall be specified in writing and delivered to the worker if requested by the worker.

Nevertheless, on September 15, 201, the Defendant, while entering into a labor contract with workers E on September 15, 201, did not specify in writing matters concerning the composition, calculation method, payment method, contractual hours, and holidays under Article 55.

2. When a worker retires, the employer shall pay him/her all money or valuables, such as wages, within 14 days from the date of his/her retirement, unless otherwise agreed by the parties concerned;

Nevertheless, the Defendant did not pay KRW 2,920,00,00 for the total amount of KRW 2,920,000 for November 2, 2011, and the amount of KRW 840,00 for December 201, 201, working from September 15, 201 to December 19, 201 at the above construction site, etc., within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the petitioner statement;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act on criminal facts, and Articles 109 (1) and 36 of the Labor Standards Act on the basis of the option of criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;