A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, 100.

Punishment of the crime

"2019 Highest 6312"

1. The Defendant is an employer who has been operating a manufacturing business with the trade name called C in the fifth floor of the Geum-gu Busan Metropolitan Government B building.

When an employer concludes a labor contract, he/she shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leaves, etc., and shall deliver a written document specifying the matters concerning the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays, and annual paid leave to the worker.

When concluding a labor contract with workers D on July 5, 2017 at the same workplace, the Defendant did not deliver a document stating matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, holidays, and annual paid leave.

[200 Highest 1875]

2. The Defendant, as the representative of the “C” in Yangsan City, is an employer who conducts steel structure manufacturing business, etc.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 is working from July 25, 2018 to June 21, 2019 at the above workplace.

In addition to the failure to pay wage of KRW 4,800,000 to retired workers, the total amount of wage of KRW 25,030,000 for four workers was not paid within 14 days from each retirement date without an agreement between the parties on the extension of the due date.

Summary of Evidence

"2019 Highest 6312"

1. Defendant's legal statement;

1. The protocol of statement of D police officers: "20 high-class 1875";

1. Defendant's legal statement;

1. F’s statement of the police with regard to the statement G, a statement of unpaid wages of H’s respective statements, and the application of Acts and subordinate statutes governing each state-grade payment record

1. Relevant Article 114 of the Labor Standards Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act concerning criminal facts;