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

The defendant is a person who engages in construction business without a construction business license while residing in the Council B, and is an employer who performs the construction works of the board by using five regular workers at two sites, including the construction works of the Council and the construction works of the Council.

1. An employer who violates the Labor Standards Act due to the failure to prepare a labor contract shall clearly state the wages, contractual work hours, holidays, annual paid leaves, and other working conditions in concluding the labor contract, and deliver to the worker a written document specifying the constituent items, calculation methods, payment methods and contractual work hours, holidays and annual paid leaves in relation to the wages;

Nevertheless, from July 1, 2015 to March 11, 2016, the Defendant concluded each employment contract with D (Membership on July 1, 2015), E (Membership on July 1, 2015), F (Membership on March 11, 2016), and G (Membership on March 111, 2016), and did not specify and deliver in writing contractual work hours, holidays, annual paid leave, and other working conditions.

2. On July 1, 2015, the Defendant violated the Labor Standards Act due to unpaid wages did not pay KRW 3,744,375 in total, as shown in the separate crime list, as well as KRW 225,00,00, which was paid on August 6, 2015, to E retired on April 6, 2016, within 14 days from the date on which the cause for payment occurred without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, D, H, and E;

1. Application of Acts and subordinate statutes to data submitted by a complainant;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 114 subparag. 1 and 17 of the Labor Standards Act, and the choice of fines for each type of crime;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (aggravated concurrent crimes with punishment determined for the violation of the Labor Standards Act due to the heavy payment of wages).