Defendant shall be punished by a fine of KRW 700,000.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a representative director who performs the business of general affairs, personnel affairs, business, etc. in C Co., Ltd. in the 5th floor of Seoul Jung-gu, Seoul, and operates transportation service by using 43 regular workers.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract. In such cases, he/she shall deliver written statements specifying the items and methods of calculating wages, methods of payment, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

When concluding a labor contract with D around September 23, 2019, the Defendant did not issue a written document stating matters concerning the constituent elements, calculation method, payment method, contractual work hours, holidays and annual paid leave.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to each police statement, written complaint, business registration certificate, application for compulsory appearance, internship contract, rules of employment, rules of employment, and all matters to be registered;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. The Defendant asserts that the Defendant’s assertion regarding detention in a workhouse (in a case where the suspension of execution of sentence is invalidated or revoked) under Articles 70(1) and 69(2) of the Criminal Act shall be subject to the Act on the Protection, etc. of Fixed-term and Part-Time Workers, other than the Labor Standards Act (hereinafter “fixed-term Act”). However, the Defendant asserts that the Defendant is unable to punish him/her on the grounds that there is no provision on criminal punishment, in a case where he/she violates Article 17 of the Fixed-Term and Part-Time Workers Act.

However, the Labor Standards Act guarantees the basic livelihood of workers by establishing the standards of working conditions under the Constitution.