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 the representative of the Suwon-si Suwon-si B and D in C, who ordinarily employs one worker and operates a restaurant business.

1. When a worker dies or retires, the employer who violates the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant worked from May 4, 2018 to May 10, 2018 at the same place of business, and did not pay 156,000 won of May 1, 2018 to E who retired from the said place of business within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned.

2. An employer shall clearly state the matters such as wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves, etc. under Article 60 of the same Act to the workers when concluding an employment contract, and shall deliver a document stating such matters to the workers;

Nevertheless, on May 4, 2018, the Defendant did not specify in writing working conditions, such as wages, when concluding a labor contract with workers E at the same workplace.

Summary of Evidence

1. Defendant's legal statement;

1. A E statement (including documents submitted by the petitioner);

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 114 subparagraph 1 of the Labor Standards Act, and Article 17 of the same 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) of the Criminal Act for the detention of a workhouse;

1. The number of working days for the sentencing period of Article 334(1) of the Criminal Procedure Act does not exceed three days, the worker did not work unilaterally, and the defendant expressed his/her intention to pay wages but considered the unpaid circumstances following the refusal of payment, etc.