Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the C representative director of a corporation in Busan Shipping Daegu, who runs a construction business with 50 full-time workers.

1. An employer who fails to pay working conditions in writing shall clearly state wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the items of wages, calculation methods, payment methods, contractual work hours, holidays and annual paid leaves to workers;

Nevertheless, on April 30, 2018 and May 2, 2018, the Defendant concluded a labor contract with workers D and did not deliver a document that specifies working conditions such as wages.

2. Wages payable directly shall be paid in full to workers in currency.

Nevertheless, the Defendant did not directly pay D wages of KRW 110,000 on April 30, 2018 and KRW 100,000 on May 2, 2018 to D working at the above workplace.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of the Acts and subordinate statutes that have taken photographs of a daily employment contract;

1. Article 114 subparag. 1, and Article 17 of the Labor Standards Act on criminal facts, Article 114 subparag. 1, and Article 17 of the Labor Standards Act on the Selection of Punishment, Article 109 (1) and the main sentence of Article 43 (1) of the Labor Standards Act (a violation of the obligation to pay wages directly), and the

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 detention in a workhouse (when a sentence of suspended sentence of imprisonment is invalidated or revoked);

1. The fact that the employee under Article 62(1) of the Act on the Suspension of Execution appears not to have issued a written labor contract because he/she taken photographs of the written labor contract, and that wages, other than wages payment practices for the worker on daily employed employed through the human resources company, and the fees for the human resources company, are actually paid.