Defendant shall be punished by a fine of KRW 100,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of the LAF Co., Ltd., which is in the fourth floor of Seongdong-gu Seoul Metropolitan Government, and is the user who operates a beverage sales service business by using 13 full-time workers at the EAF park store located in Gangdong-gu Seoul Metropolitan Government.

An employer shall clearly state wages, contractual work hours, holidays pursuant to Article 55 of the Labor Standards Act, annual paid leave pursuant to Article 60 of the same Act, and other working conditions prescribed by Presidential Decree when concluding a labor contract, and shall deliver a document stating the above matters to the employee. However, the Defendant did not deliver a document stating the above working conditions when concluding a labor contract with G on November 10, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes on police statements made to G and H

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. An employer who violated the Labor Standards Act due to the failure to pay wages, in the instant facts charged, where a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant is working from November 10, 2013 to November 27, 2013 at the said workplace.

Without agreement between the parties on the extension of the due date, G wages of 286,000 won shall be paid on December 18, 2013 and did not be paid within 14 days from the date of retirement.

2. The determination employer is naturally obligated to pay the wages under the Labor Standards Act if the labor relationship is established between the employee and the employee. However, even if the employer fulfilled all the gender and efforts, the employer is in arrears or unpaid.