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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of C (State) in Namyang-si, who is an employer who operates a service business (comprehensive repair of motor vehicles) using five regular workers.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree to workers at the time of concluding a labor contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, days referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, when concluding a labor contract on March 1, 2018 with D, the Defendant did not issue a document stating matters concerning the constituent items, calculation method, payment method, contractual work hours, the days under Article 55, and the annual paid leave under Article 60, when concluding the labor contract on March 1, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A petition or business registration certificate;

1. The application of Acts and subordinate statutes to check criminal records, etc., report on the failure to take dispositions, and report on results;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the same Act concerning criminal facts;

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 of the provisional payment order;

1. The defendant and his defense counsel on the issue of the main text of Article 186(1) of the Criminal Procedure Act to bear the costs of lawsuit claimed that the defendant requested workers D to prepare a contract of employment that stipulates working conditions, but since workers D refused to do so and failed to prepare a contract of employment, there is no fact that there is no document specifying working conditions.

On the other hand, the following circumstances, which were duly adopted and examined by this Court, are met: ① Workers D, from the investigative agency to the time of this Court, to E from the State of this case operated by the Defendant.