A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Punishment of the crime

The defendant is an employer who has been engaged in the manufacturing business of dental technicians employed by five full-time workers as the representative director of the CE located in the 6th floor of the D Hospital in Gwangju Mine-gu.

1. From April 4, 2016 to July 14, 2017, the Defendant, as indicated in the list of crimes in the attached Table, did not pay KRW 12,94,377 in total for three workers’ wages and annual paid leave allowances, and KRW 9,041,927 in total for two workers’ retirement allowances within 14 days from each retirement date without agreement on the extension of the payment date.

2. On December 27, 2011, the Defendant concluded a labor contract with G workers at the workplace above, and on February 27, 2017, the Defendant did not prepare and deliver a document stating the items constituting wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leave, when concluding a labor contract with H with workers on February 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of G, H and F

1. Article 109(1), Article 36 of the Labor Standards Act (a point of payment of wages, etc.), Article 114 subparag. 1, Article 17 of the Labor Standards Act (a point of failing to specify the working conditions), Article 44 subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for each worker, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Labor Standards Act due to the unpaid wages, etc. for the same worker and a violation of the Guarantee of Retirement Benefits of Workers);

1. Selection of imprisonment with prison labor chosen;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - favorable circumstances: The defendant's mistake is recognized; the defendant has no record of being sentenced to suspended execution or more; unfavorable circumstances: the defendant is not agreed with workers; and the defendant is the defendant.