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, as the actual representative of the “C” in Tong Young-si, is the actual employer who ordinarily employs one worker and is an employer.

When a worker dies or retires, an employer payable wages shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is working as the on-site leader from January 1, 2016 to April 30, 2016 at the above workplace.

In February 2016, wages of 100,000 won for retired workers D, 230,000 won for March wage of 2016, and 5,60,000 won for April wage of 2.3 million won were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the payment.

When concluding an employment contract, a non-delivery user who fails to deliver a written employment contract shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leave referred to in Article 60, and other working conditions prescribed by Presidential Decree.

In such cases, matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be specified in writing and delivered to the worker.

Nevertheless, the defendant employed D as the site leader on January 1, 2016 at the above workplace and did not prepare and deliver a contract of employment that specifies working conditions such as wages.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 114 Subparag. 1 and Article 17 of the Labor Standards Act regarding criminal facts;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes;