The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative director of Gangnam-gu Seoul Metropolitan Government D Co., Ltd. who runs a real estate rental business using eight full-time workers.

An employer 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 workers when concluding a labor contract, and shall deliver written statements specifying the constituent items, calculation method, payment method and contractual work hours of wages, and the said holidays and the said annual paid leaves to workers.

Nevertheless, while concluding a labor contract with an employee E who was employed on March 1, 2014, the Defendant did not deliver to E a written statement specifying the constituent items, calculation method, payment method, contractual work hours, holidays, and annual paid leave.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police concerning E (including substitution);

1. Recruitment of execution engineers, payment records, and probationary employment contract;

1. Application of certified transcript of corporate register or business registration certificate statutes;

1. Article 114 subparagraph 1 of the Labor Standards Act and Articles 17 (2) of the Labor Standards Act (Selection of Fine) concerning criminal facts;

1. A fine not exceeding 100,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence)