A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Punishment of the crime

[Criminal Power] On April 29, 2020, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Incheon District Court on April 29, 2020.

5.7 The above judgment became final and conclusive.

【Criminal Facts】

The defendant is the representative director of Nam-gu, Incheon, B or C, who is an employer who runs a manufacturing business with five regular workers.

1. An employer in violation of the Labor Standards Act shall specify working conditions, such as wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves, etc. under Article 60 of the same Act, in concluding an employment contract, and shall deliver the workers in writing specifying the items of wages, calculation methods, payment method, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60;

Nevertheless, the defendant is working from July 6, 2015 to December 19, 2018 at the above workplace.

When concluding a labor contract with retired workers E, they did not issue a document specifying the matters on the composition items, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

2. Violation of the Labor Standards Act and the Minimum Wage Act.

(a) Any employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage at least the minimum wage amount;

Nevertheless, the defendant is working from July 6, 2015 to December 19, 2018 at the above workplace.

On June 2016, retired workers E did not pay total of 13,892,59 won, including the minimum wage difference of 398,270 won, as indicated in the attached list of crimes.

(b) Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages and all other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That if there are special circumstances, the agreement between the parties shall be reached.