Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as the representative C in Yangcheon-gu Seoul Metropolitan Government, is an employer who ordinarily employs four workers and runs the business of installing and repairing air conditioners.

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, and shall deliver written statements in which matters concerning the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 are specified.

Nevertheless, on January 30, 2018, when concluding a labor contract with workers D on January 30, 2018 at the above workplace, the Defendant did not deliver to the workers a document stating matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement of D [the defendant and his defense counsel] asserts that since the defendant prepared and delivered a written labor contract with D with D workers but did not bring about D at the time of delivery, it does not violate the above Act. However, Article 17 of the Labor Standards Act purports to strengthen the legal status of workers by allowing them to deliver a written labor contract in which working conditions are specified when concluding a labor contract (see, e.g., Supreme Court Decision 2015Do11659, Jan. 28, 2016). Considering such legislative intent, the above written obligation to specify working conditions must be fulfilled as “when concluding a labor contract” as stated in the pertinent provision.

The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, labor D, is to enter into an employment contract with the defendant around January 30, 2018 and work at the workplace operated by the defendant.