A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the actual manager of C in Jung-gu Seoul Metropolitan Government, who employs eight full-time workers and operates a commercial building management business.

1. An employer who fails to prepare a labor contract shall deliver a written document specifying wages, contractual work hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when entering into an employment contract or changing an existing employment contract;

The Defendant, on February 1, 2016, did not prepare a document specifying the changed working conditions while changing the working form from work on a day to work every day, but did not deliver it to D who is an employee.

2. Work hours exceeding statutory extended work hours shall not exceed 40 hours, excluding recess hours, and work hours per day shall not exceed eight hours, excluding recess hours, and work hours may be extended within the limit of twelve hours per week, if there is an agreement between the parties concerned;

From February 1, 2011 to January 31, 2016, the Defendant had D workers employed as machinery and equipment managers engage in overtime work for more than 16.06 hours a week.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written statement of the police concerning D, written complaint, employment contract, and statutes governing the branch of work;

1. Article 114 Subparag. 1 and Article 17 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Article 110 Subparag. 1 and Article 53(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of the provisional payment order;