The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the actual representative of the Co., Ltd. in Jung-gu Incheon Metropolitan City, who is a user who runs a gas station operation business using five regular workers.

When an employer concludes a labor contract, he/she shall clearly state the 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 the workers, and deliver written documents specifying the items, calculation methods, payment methods and contractual work hours of wages, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to the workers.

Nevertheless, while concluding a labor contract with D having worked from December 23, 2019 to March 22, 2020 at the above workplace, the Defendant did not issue a document stating matters concerning the constituent items, calculation method, payment method and contractual work hours of wages, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing D’s petition;

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

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of suspended sentence (including the fact that the defendant has no record of punishment for the same kind of crime, the fact that he recognizes and reflects the crime, and the circumstances leading to the crime);