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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative in Gwanak-gu in Seoul Special Metropolitan City, who employs 11 full-time workers and operates a bread and wholesale retail business.
1. An employer shall specify the matters concerning wages, prescribed working hours, holidays, annual paid leaves, etc. to workers when concluding an employment contract, and deliver a written document specifying the composition of wages, the calculation method and payment method thereof, prescribed working hours, holidays, annual paid leaves, etc. to workers;
Nevertheless, the Defendant did not specify the matters such as wages, prescribed working hours, holidays, annual paid leaves, etc. to D retired from the said workplace from office, who is in charge of packing, selling, display, and working from April 2, 2017 to April 22, 2017, and did not issue a document stating the method and method of calculating wage items, prescribed working hours, holidays, annual paid leaves, etc.
2. An employer shall allow not less than 30 minutes in case of working hours of four hours, and a recess of not less than one hour in case of working hours of eight hours, during the working hours; and
Nevertheless, the defendant at the above place of business was in charge of packing, sale, and display affairs from April 2, 2017 to April 22, 2017, and did not provide D who retired from office with hours off during their working hours.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the statement protocol to D;
1. Article 114 subparagraph 1 of the relevant Act and Articles 114 and 17 of the Labor Standards Act concerning facts constituting an offense, and Articles 110 subparagraph 1 and 54 (1) of the Labor Standards Act (the fact that a labor contract has not been issued) of the Act on the Standards of Workers;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, considering the characteristics of the instant crime, the Defendant’s attitude to reflect on the recognition of the instant crime, is the first offense with no history of the crime.
The age, sex, family relationship, criminal records, and this.