The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of Songpa-gu Seoul Metropolitan Government C in the first floor and is a user who runs a single food restaurant with seven full-time workers.

1. An employer shall clearly state wages, prescribed working hours, paid leave, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the constituent items, calculation method, payment method, prescribed working hours, and matters concerning annual paid leave pursuant to Article 55 of the Labor Standards Act to workers;

Nevertheless, while concluding a labor contract with a worker D on March 18, 2019, the Defendant did not issue a document stating the constituent items, calculation method, payment method, prescribed working hours, holiday pursuant to Article 55, and annual paid leave pursuant to Article 60.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 did not pay the wages of KRW 1,350,000 from May 18, 2019 to May 15, 2019 within 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense, Article 114 subparagraph 1, Article 17 of the Act on the Standards for Selective Labor (the point of failing to provide written labor conditions), Articles 109 (1), 36 of the Labor Standards Act, and selection of fines for negligence;

1. A fine of 300,00 won to be imposed for a suspended sentence under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall be aggravated for concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Criminal Act of suspended sentence;