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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is the representative of D in Seocho-gu, Seocho-gu, who employs 206 full-time workers as the representative of D.
1. An employer shall, when concluding a labor contract or amending any terms and conditions of the labor contract, deliver to the worker a written statement specifying the terms and conditions of the labor, such as wages, prescribed working hours, holidays, and annual paid leave, and specifying the items constituting the wages, the calculation method, and the payment method thereof;
Nevertheless, from April 30, 2009, the Defendant did not deliver to E a document stating the terms and conditions of labor, which was modified on March 21, 2013 and February 27, 2014, on matters concerning wages, among the labor contract terms of workers E, who worked as an assistant for the activities of persons with disabilities at the above workplace.
[1] According to Article 17(1) and the main text of Article 17(2) of the Labor Standards Act, where an employer concludes a labor contract and then changes matters concerning wages, the employer shall deliver a document stating the changed matters to the employee.
This case does not constitute a case where the duty to deliver in writing arises only when an exceptional worker requests pursuant to the proviso to Article 17(2) of the Labor Standards Act (a modification, etc. of the collective agreement or the rules of employment).
2. An employer shall, in addition to the ordinary wages, pay 50/100 or more of such ordinary wages for overtime work;
Nevertheless, the Defendant did not pay allowances of KRW 114,00 for overtime work around September 201 and did not pay allowances of KRW 114,00 for overtime work around that time from that time to February 2014, such as the details of payment of overtime allowances of the attached Form.
[Inasmuch as the current activity support allowances provided by the State or a local government cannot be provided to activity assistants with overtime allowances, the Defendant asserts that “the Defendant is aware of his/her responsibility as there is no possibility that lawful acts may be expected.”
(b).