Defendant shall be punished by a fine of KRW 700,000.

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 actual management owner of the Jung-gu Incheon Metropolitan City (State)C located in B, and is a user who runs a stone wholesale and retail business using five full-time workers.

1. When a worker retires, the employer shall pay him wages within fourteen days after the cause for such payment occurred;

Provided, That the date of payment may be extended by an agreement between the parties if special circumstances exist.

Nevertheless, the Defendant had worked from September 23, 2019 to October 23, 2019 at the above workplace and had not paid the KRW 3,445,161 of the retired D's wages in October 2019 within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

(b) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers;

Nevertheless, the Defendant did not deliver to the employees a written statement specifying the elements of wages, calculation method, payment method, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 when concluding a labor contract with D who worked as an office worker at the above workplace on September 23, 2019.

Summary of Evidence

1. Statement of the police on the defendant's partial statement D;

1. Application of Acts and subordinate statutes to written opinions, reports on receipt of materials, submission of materials by complainants, and report on investigation results;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109(1) and 36 of the Act on the Selection of Penalties, and Articles 114 subparag. 1 and 17(2) of the Labor Standards Act (which means the non-delivery of an employment contract);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;