A defendant shall be punished by imprisonment for a period of four months and a fine of one million won.

When the defendant does not pay the above fine.

Punishment of the crime

The Defendant, as the representative of Yeonsu-gu Incheon, is an employer who runs a food-raising business using four full-time workers.

1. Violation of the Labor Standards Act;

(a) When a worker dies or retires, an employer who violates his/her obligation to liquidate money or valuables shall pay wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from April 1, 2016 to April 28, 2019, the Defendant provided labor to the said workplace and did not pay KRW 2,800,000 to retired workers D wages within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as described in attached Table (1), and did not pay KRW 13,320,000 for four workers within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties.

(b) An employer who fails to deliver a written employment contract shall deliver workers a written document specifying the composition items, calculation method, payment method and working hours of wages, holidays, and matters of annual paid leave when concluding the employment contract.

Nevertheless, the Defendant concluded an employment contract with workers E and F on April 1, 2016, and around January 16, 2016, respectively, at the above workplace, and did not deliver to D, E, and F a written document specifying the above working conditions.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, from April 1, 2016 to April 28, 2019, the Defendant provided labor to the above workplace and did not pay KRW 9,322,769 of retirement allowances of retired workers D within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as shown in the separate list of crimes (2).