A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is an operator of the business partnership and operates the accommodation business as an operator of the business partnership in the north-gu Seoul Metropolitan City, and the employer, when concluding the labor contract, did not perform his/her duties in concluding the labor contract with the employee E on September 1, 2014, even though the employer specified in writing matters concerning the composition, calculation method, and payment method, etc. of wages to the employee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the police interrogation protocol to the accused;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant is an operator of the business partnership in North Korea-gu, North Korea-si, who operates accommodation business.

A. Although an employer violating the Labor Standards Act due to unpaid wages has paid all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred, where the employee died or retires, the Defendant did not pay the total amount of wages of KRW 12 million from November 1, 2015 to April 1, 2016 to the employee E who retired on May 1, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the date of payment between the parties.

B. Although an employer violating the Act on the Guarantee of Retirement Benefits of Workers has paid retirement allowances within 14 days from the date when the ground for such payment occurred, the Defendant did not pay KRW 3,331,500 of the retirement allowances of the retired workers E at the said workplace on May 1, 2016 within 14 days from the date of the retirement without any agreement between the parties on the extension of the payment period.

2. The facts charged in this part of the judgment are those falling under Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Workers’ Retirement Benefit Security Act, and Article 109 of the Labor Standards Act.