The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the D Institute in Seo-gu Daejeon, who is a full-time employee and operates a private teaching institute business.

An employer shall clearly state wages, contractual working hours, holidays referred to in Article 55 of the Labor Standards Act (hereinafter referred to as the "Act"), annual paid leaves referred to in Article 60 of the Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall deliver written statements specifying the items, calculation method, contractual working hours, holidays referred to in Article 55 of the Act, and annual paid leaves referred to in Article 60 of the Act to workers.

In doing so, the Defendant did not deliver to the employee a written statement on September 18, 2015 to October 27, 2015, stating the items of wage, calculation method, prescribed working hours, paid leave under Article 55 of the Act, and the annual paid leave under Article 60 of the Act, when concluding a labor contract with E and September 18, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements from witnesses E and F;

1. Application of Acts and subordinate statutes of E;

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

1. Article 59(1) of the Criminal Act (Reasons for sentencing as follows) of the suspended sentence

(a) Punishment to be suspended: Fines of 300,000 won;

B. Attraction of a workhouse: Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2)(1) of the Criminal Act

1. The summary of the argument E is that the Defendant and the labor contract were concluded for the commission of teachers, not for the labor contract, and does not constitute a worker, and therefore the Defendant does not have the obligation to deliver the document specifying the working conditions such as wages

2. Determination

A. Whether a worker is a worker under the Labor Standards Act is an employment contract or a contract for work, and in substance, the worker provided work to the employer for the purpose of wages in a subordinate relationship to the business or workplace.