1. The defendant shall be punished by a fine of two hundred thousand won;

2. If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

An employer shall clearly state the matters such as wages, working hours, holidays, annual paid leaves, etc. to workers when concluding an employment contract, and shall deliver written statements to workers stating the items constituting the wages, the method and methods of calculating the wages, working hours, working hours, holidays, and annual paid leaves.

Nevertheless, the Defendant was a business owner who operated the fiveth floor of the building B in Busan Dongdong-gu, Busan, and did not issue a document stating the method and method of calculating wages and working hours, holidays, and annual paid leaves when concluding a labor contract with D around March 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

2. Written statements of D;

3. Application of Acts and subordinate statutes on a petition;

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

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won; and

2. In this case, the defendant did not deliver, as the business owner, a written labor contract specifying the composition of wages, the method and method of calculating wages, working hours, holidays, and matters concerning annual paid leave when concluding a labor contract with D, and the nature of the crime and the circumstances are not good.

Such crimes are likely to undermine the stability of labor relations and infringe the rights and interests of workers, so there are many possibilities of social criticism.

However, there are also favorable circumstances such as the fact that the defendant is deemed to have committed the instant crime by neglecting due care as the business owner of a small place of business, the fact that he recognizes his crime and reflects the mistake, the ex post D and smoothly agreed, and the fact that he has no record of criminal punishment.

The above points and other circumstances, including the defendant's age, sex, occupation, environment, family relationship, motive, method and result of the crime, and circumstances after the crime, are considered as a whole.