Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a representative of the C cafeteria located in Gyeongcheon-gun, Gyeongnam-gun, and is an employer who employs one full-time worker and operates a restaurant business.

1. Violation of the Labor Standards Act;

(a) An employer who fails to prepare a labor contract shall clearly state in writing working conditions, such as wages, working hours, holidays, annual paid leaves, etc., to the workers when concluding the labor contract;

Nevertheless, the Defendant did not specify working conditions in writing when concluding a labor contract with D who worked from October 12, 2016 to January 13, 2018 at the above workplace.

(b) An employer who has not paid the advance notice of dismissal shall give the advance notice of dismissal at least 30 days before the dismissal, and if the advance notice has not been given 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, the Defendant dismissed D, without prior notice, who had worked from October 12, 2016 to January 13, 2018 at the above workplace, and did not pay KRW 2,515,020 corresponding to the amount of ordinary wages for 30 days.

(c) Where a worker dies or retires, the employer who is in charge of payment of wages shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 4,696,925, which was worked from October 12, 2016 to January 13, 2018 at the above workplace, within 14 days from the date of retirement, without an agreement on the extension of the payment due date.

This part of the facts charged is 5,070,805 won in total.

However, this appears to the effect that a public prosecution was instituted with the same amount as the amount of violation of the Minimum Wage Act under paragraph (2) of the following criminal facts. Accordingly, with respect to the part of violation of the Minimum Wage Act, the charges were subsequently changed in sequence and the total amount of accounts payable was KRW 4,696,925.