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 representative director D.D in Seocho-gu Seoul Metropolitan Government, who employs ten full-time workers and operates the manufacturing business.

1. An employer shall pay all money and other valuables, such as wages, compensations, etc., within fourteen days after the cause for such payment occurs when a worker dies or retires;

Nevertheless, the Defendant served as an office worker from July 11, 2016 to August 8, 2016 at the same place of business and did not pay KRW 774,193 of E’s retirement on August 8, 2016, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment deadline.

2. An employer shall clearly state wages, prescribed working 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 constituting wages, the calculation method, and methods of payment, prescribed working hours, holidays, and annual paid leaves to workers;

Nevertheless, when concluding a labor contract with F working in the above workplace on July 20, 2016, the Defendant did not provide workers with a written statement specifying the items of wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves, and other working conditions prescribed by Presidential Decree. The Defendant did not provide workers with a written statement specifying the items of wages, calculation method, payment method, prescribed working hours, holidays, and annual paid leaves.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of respective Acts and subordinate statutes of E and F;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1), 36 of the Standards for Optional Labor, and Articles 114 subparag. 1 and 17 of the same Act (a violation of an obligation to specify and deliver working conditions);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;