A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the representative of the Cmate in Geumcheon-gu Seoul Metropolitan City, who ordinarily employs four workers and operates wholesale and retail business. A.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by the Enforcement Decree of the same Act, and shall deliver written statements in which the matters concerning the composition, calculation method, payment method of wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 of the same Act

Nevertheless, when concluding a labor contract on December 11, 2015 with D, the Defendant did not specify matters concerning the constituent items, calculation method, payment method, contractual hours, holidays under Article 55, and annual paid leave under Article 60 in the said workplace, and did not issue a document specified to the employee.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant had worked from December 11, 2015 to May 30, 2016 at the same place of business, and had not paid KRW 100,000 as wages and KRW 561,721 as wages and weekly leave allowances on December 12, 2015 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of suspect prepared by a special judicial police officer against the defendant and statement of substitution;

1. The Defendant asserted that there is time during which workers D did not work in part, but the following circumstances, i.e., ① are revealed by the evidence as seen earlier.