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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
Defendant is an individual entrepreneur who operates a restaurant in China using four full-time workers under the trade name of Jeonjin-gu Seoul Metropolitan City B.
When an employer concludes a labor contract, he/she 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, and shall deliver written statements in which the constituent elements of wages, methods of calculation, prescribed working hours, prescribed working hours, and matters concerning holidays under Article 55 are specified to the worker.
Nevertheless, while concluding a labor contract with D on November 24, 2017 with D who worked as a main place in the above workplace and retired from the workplace, the Defendant did not deliver to the employee a written statement specifying the constituent items, calculation method, payment method, prescribed working hours, and holidays under Article 55.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;