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 of building B and corporation C in the second floor of Incheon Nam-gu and is a user who engages in food manufacturing business using five full-time workers.

An employer shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract. In such cases, he/she shall deliver a written document specifying the matters concerning the constituent items, calculation method, and payment method of wages, contractual work hours, and holidays and annual paid leaves under Articles 55 and 60 of the Labor Standards Act to the worker.

Nevertheless, the Defendant did not specify wages, contractual work hours, holidays and annual paid leave under Articles 55 and 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree when concluding a labor contract with D in charge of production at the said workplace on December 26, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act asserts that the Defendant did not intend to violate the duty to specify working conditions.

According to Article 17 of the Labor Standards Act, an employer shall clearly state wages, contractual work hours, weekly holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract. Among them, the items of wages, calculation methods, payment method and contractual work hours, weekly holidays, and annual paid leaves shall be issued in writing specifying the matters. Where the above matters are changed due to changes in the collective agreement or rules of employment after concluding an employment contract, the employer shall, if requested by the workers.