Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The Defendant is a private construction business operator located in the Bupyeong-gu Seoul Metropolitan City building C and 102 Dong 402, who runs a construction business with seven full-time workers at the construction site in Dongjak-gu Seoul Metropolitan Government D.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay KRW 600,000 of the E’s wage at the above construction site from November 20, 2015 to December 1, 2015 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 due date for payment.

2. An employer shall specify the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to workers when concluding a labor contract, and shall deliver the specified documents to the workers;

Nevertheless, the defendant did not enter into an employment contract with E that he agreed to work as above at the above construction site, but did not specify in writing matters such as wages, and did not deliver them to the worker.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1), 36 of the Standards for Selective Labor, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a violation of obligation, such as specifying working conditions);

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the aggregate of the amounts of the above two crimes) shall be aggravated for concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for conviction of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the defense counsel to the effect that F is only an employer who employs E at the time, and that the Defendant does not have employed E.