Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government D, who is engaged in IT business by employing one full-time worker.

1. When an employer who fails to prepare a labor contract concludes a labor contract, he/she shall deliver the worker a written document specifying the matters pertaining to the constituent items, calculation method, payment method of wages, contractual work hours, paid holidays, and annual paid holidays;

Nevertheless, on June 1, 2012, the Defendant did not prepare and deliver the above document to the above E when concluding a labor contract with workers E in the above workplace.

2. When a worker dies or retires, an employer who fails to fulfill his/her duty to liquidate wages shall pay wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,200,000 on April 1, 2013 to retired workers E who worked from the above workplace from around June 1, 2012 to April 22, 2013 without any agreement on extension of the above E and the payment date, within 14 days from the date of retirement.

3. Where an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and where he fails to do so 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.

Nevertheless, the Defendant, from June 1, 2012, dismissed workers E who had been working at the above workplace from around April 22, 2013 without giving a prior notice, did not pay 2,700,000 won corresponding to the above E’s ordinary wage for 30 days.

Summary of Evidence

1. A statement or a statement of the petitioner;

1. Submission of data of wage ledgers;

1. Application of Acts and subordinate statutes to confirmation of fact, such as telephone, etc. (67 pages);

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the former Labor Standards Act (Law No. 11270), and the former Act concerning the selection of punishment (which means a failure to liquidate money or goods).