Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The Defendant, as a manager of C Burial Co., Ltd. located in Nam-gu Incheon Metropolitan City, is an employer who runs the business of manufacturing lighting fixtures using one full-time worker.

An employer shall clearly state wages, fixed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the method and method of calculating the constituent elements of wages, prescribed working hours, holidays under Article 5, and annual paid leaves under Article 60 to the workers.

Nevertheless, the defendant did not deliver to the worker a document stating the items of wages, the method and time of calculating wages, the prescribed working hours, and the matters concerning the holidays under Article 55, when concluding a labor contract on August 22, 2016 with D and D which had worked as duties such as the management of stores, etc. at the above workplace.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Reporting (2j) as a result of a location investigation (the defendant and his defense counsel is not the actual user of C Co., Ltd., and the defendant is not an employer under the Labor Standards Act;

The argument is asserted.

Article 2 of the Labor Standards Act provides that "employer" means a business owner, a person in charge of business management, or a person who acts on behalf of a business owner with respect to matters relating to workers.

Here, the term "business owner" refers to a business owner, and the term "person in charge of business management" refers to a person who represents or represents an external business with comprehensive delegation from a business owner for all or part of the business management; and the term "person who acts on behalf of a business owner with respect to matters relating to workers" refers to a worker.