The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted in the summary of the grounds for appeal, the court below found the Defendant guilty on the violation of the Labor Standards Act due to the failure to provide the documents specifying working conditions among the facts charged in the instant case, but erred by misapprehending the facts.

2. Determination

A. The summary of this part of the facts charged is the user who runs a construction business with 18 full-time employees, who are the C representative director in Suwon-si B.

When an employer concludes a labor contract, he/she shall clearly state wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the same Act, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver the workers in writing specifying the items of wages, calculation methods, payment method, contractual work hours, holidays under Article 55, and annual paid leaves under Article 60.

Nevertheless, the Defendant did not deliver to an employee a written document stating the composition items, calculation method, payment method, contractual work hours, holidays under Article 5, matters concerning annual paid leave under Article 60, etc. while working in the said workplace from April 27, 2016 to November 29, 2016 and entering into an employment contract with D with retired workers.

B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to readily conclude that the evidence submitted by the prosecutor alone did not deliver a document specifying the working conditions to D, and there is no other evidence to acknowledge it, and rather, it is difficult to preclude the Defendant from delivering the above document to D, taking into account the following circumstances acknowledged by the evidence duly adopted and examined:

① D fails to receive a labor contract on April 27, 2016, and later E in August 19, 2016.