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 Ilyang-gu, Busan Metropolitan City B building and the Dispute Resolution Co., Ltd., who is a user who runs CCTV wholesale and retail business using 28 full-time workers.

An employer shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements in which the matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60 are specified.

Nevertheless, the Defendant did not issue a document stating matters concerning the constituent items, calculation method, payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 in the said workplace, when concluding a labor contract on November 29, 2017 and November 29, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and his/her defense counsel asserted that they fulfilled their duty to deliver a written statement of wage items through the issuance of a detailed statement of wages to E even though they did not prepare a written labor contract with E on November 29, 2017. However, the duty to deliver a written statement under Article 17(2) of the Labor Standards Act is to protect the legal status of E by having workers receive the material working conditions when concluding a labor contract in writing and let them know them, and thus, such duty must be fulfilled at the time of concluding a labor contract. Therefore, at the time when a considerable period of time from the conclusion of a labor contract elapses (see, e.g., the time when the Defendant

Even if the payment statement was delivered to E, it shall not be deemed that the above obligation was fulfilled.

In addition, the defendant and his defense counsel provided work hours, holidays, methods of payment of wages, etc. to E at the time of education for new members.