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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as the representative of C in Bupyeong-si, is an employer who runs a manufacturing business using four full-time workers.

An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding an employment contract.

In such cases, a document stating the items, calculation method, and payment method of wages, prescribed working hours, holidays pursuant to Article 55, and annual paid leave pursuant to Article 60 shall be delivered to workers.

Nevertheless, while entering into a contract with D who worked in the above workplace from September 16, 2017 to April 28, 2020, the Defendant did not deliver to each employee a written document stating the items of wages, calculation method, payment method, prescribed hours, holidays under Article 55, annual paid leaves under Article 60, respectively, while entering into the contract with D who worked in the above workplace from September 16, 2017 to April 28, 202.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Summary of the facts charged concerning the part dismissing the public prosecution under Article 334(1) of the Criminal Procedure Act

(a) When an employee in violation of the Labor Standards Act dies or retires, the employer shall pay him/her wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant agreed on the extension of the payment period between the parties, including D’s weekly paid leave allowances of KRW 207,040 from April 1, 2015 to August 15, 2017, from September 16, 2017 to April 28, 2020, as well as the weekly paid leave allowances of KRW 7,694,40 from January 2017 to April 28, 2020.