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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is the representative director of C, a corporation in Bupyeong-si, who runs a restaurant business (carf) using two full-time workers.

An employer shall clearly state wages, contractual working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract. In such cases, he/she shall deliver a document specifying the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 to the worker.

Nevertheless, the Defendant did not clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60, and other working conditions prescribed by Presidential Decree when concluding a labor contract with D and retired from the said workplace from May 5, 2019 to September 30, 2019.

Summary of Evidence

Part of Defendant’s Court Statement

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Article 114 of the relevant Act and Articles 114 subparagraph 1 and 17 of the Labor Standards Act, the selection of fines for criminal facts, and the selection of fines;

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 provides that the Defendant and the defense counsel shall claim that the Defendant’s partner is not the employee of the Defendant.

According to the evidence duly adopted and examined by the court, even though it is recognized that the defendant was engaged in the Kaf-type business, the defendant paid the amount of 3 million won per month to D regardless of the business revenue, barring any special circumstance, the defendant was working from 11 A.M. to 8 P.M., the defendant and D did not have any agreement on the profit distribution between the defendant and D, and the fact that D did not have any particular revenue source while employed by the defendant.