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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is the user who runs cultural industry (e.g., exhibition event service) in E located in Nam-gu, Busan, by using five full-time workers as the representative of the LA and five full-time workers in Busan, Dong-gu, Busan.
An employer shall clearly state matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to workers when concluding an employment contract, and shall deliver written statements to workers specifying the composition items, calculation method, payment method, small working hours, holidays, annual paid leaves, etc. of the wages.
Nevertheless, the Defendant did not deliver to the employees a document stating the working conditions, such as wages, while concluding a labor contract on November 3, 2015 with F who worked as a performance worker from November 3, 2015 to November 29, 2015.
2. According to the records, since F is recognized that only G performances undertaken from November 3, 2015 to November 29, 2015 are employed, it is reasonable to view F as a fixed-term employee only until the completion of the above performance.
Therefore, the defendant did not specify in writing the F and working conditions.
This is only subject to administrative fines pursuant to Articles 24(2)2 and 17 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers, and it does not constitute a violation of Articles 114 subparag. 1 and 17 of the Labor Standards Act.
I would like to say.
3. In conclusion, the facts charged in this case are not applicable to crimes, and thus, innocence shall be pronounced pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of the judgment shall not be publicly announced pursuant to the proviso of Article 58 (2) of the Criminal Act. It is so decided as per Disposition.