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

However, for one year from the date this judgment becomes final and conclusive, the above fine shall be executed.

Punishment of the crime

The defendant is the representative of Jongno-gu Seoul Metropolitan Government C and is engaged in manufacturing and wholesale and retail business by making use of three full-time workers, and the employer is the employer, and the employer shall specify wages, contractual work hours, holidays under Article 55 of the Labor Standards Act, annual paid leave under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

In such cases, the matters concerning the constituent items, calculation method and payment method of wages, contractual work hours, holidays under Article 55, and annual paid leave under Article 60 shall be prepared in writing and delivered to workers.

Nevertheless, the Defendant, who is a workplace, has been engaged in sales from D department stores C to D department stores C from March 31, 2020 to April 17, 2020.

When concluding a labor contract with retired E, it did not prepare and deliver the written labor contract in writing.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant asserts that there was an inevitable circumstance since he/she and his/her employee made a labor contract by telephone because the defendant and his/her employee are in a long distance and are likely to be incona-19 infections.

In the labor contract, there is a substantial difference between the employer and the employee in the actual bargaining power, and there is a risk of compelling the employee to make unfair labor disadvantageously or unfairly because the employer does not specify the working conditions in detail or does not present the fixed working conditions.

Therefore, Article 17 of the Labor Standards Act provides that an employer shall specify wages, contractual work hours, holidays, paid leave, and other working conditions in relation to “when entering into an employment contract” and shall deliver a document stating the contents thereof to an employee.

This is a contractual relationship under the condition that the working conditions of workers are not fixed in the labor market.