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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a representative C in the population B at the time of Gyeonggi-si, and is an employer who runs a construction business with four regular 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 of the same Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract.
In such cases, matters concerning the composition, calculation method, payment method, contractual work hours, holidays under Article 55 of the same Act, and annual paid leave under Article 60 of the same Act shall be specified in writing and delivered to the relevant worker.
Nevertheless, the Defendant had worked from March 15, 2019 to April 29, 2019 and retired from the said workplace, and did not deliver to an employee a written statement specifying the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays under Article 55 of the same Act, and annual paid leave under Article 60 of the same Act when entering into an employment contract with E and retired from office.
Summary of Evidence
1. Defendant's legal statement;
1. Application of each police protocol of statement to D and E;
1. Relevant Article 114 of the Labor Standards Act and Articles 114 subparagraph 1 and 17 of the same Act concerning criminal facts and the selection of fines;
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;