Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

1. The Defendant, who committed a crime not giving a written statement specifying working conditions, is a D representative in the Hannam-gun C, who is an employer who runs a manufacturing business using 13 full time workers.

An employer shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Acts and subordinate statutes to workers when concluding a labor contract, and shall deliver written statements in which the constituent items, calculation method, payment method, contractual work hours, holidays, and matters concerning annual paid leaves are specified to workers.

Nevertheless, the Defendant, around August 10, 2015, entered into a labor contract with a worker E as a general management manager and did not deliver a document stating the above matters.

2. An employer who has not paid overtime allowance shall, where a worker dies or retires, pay the wages, compensations, and other money or 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 served as the General Manager from August 10, 2015 to March 31, 2016 at the foregoing workplace and did not pay KRW 4,980,240,00 of the overtime allowance of E retired on April 1, 2016 within 14 days from the date on which the payment occurred without an agreement between the parties on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of special judicial police officer in E;

1. Application of Acts and subordinate statutes to a benefit ledger and a probationary record ledger;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, and Articles 109 (1) and 36 of the Labor Standards Act, concerning 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(1) and 69(2)1 of the Criminal Act for the detention of a workhouse;