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A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding 700,000 won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
[2018 Highest 1187] The Defendant violated the Labor Standards Act is an individual constructor who operates L with the domicile of the building J and K in the Gyeongbuk-si, North America-si, and one who has run the construction business (Do) by employing two 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, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract. In such cases, he/she shall deliver written statements specifying the items, calculation method, payment method, and contractual work hours of wages, holidays under Article 55 of the Labor Standards Act, and annual paid leaves under Article 60 to workers.
Nevertheless, from June 1, 2016 to June 1, 2016, the Defendant is carrying out painting duties as an employee on a daily basis.
When concluding an employment contract with three workers as listed in the attached Table 1, 2, and 3, such as the attached Table of Crimes (1) Nos. 1, 2, and 3, including employees C retired on June 4, 2016, the parties did not prepare and deliver a written employment contract specifying the constituent items, calculation method, payment method, contractual work hours, holidays, annual paid leave, and other matters concerning the working conditions prescribed by Presidential Decree.
[2017 Highest 1491] The Defendant who attempted to proceed is a seal construction business operator who has not registered construction business.
The Defendant: (a) around August 2015, when there was a deficit in the process of entering into a subcontract for the construction of Daejeon N apartment re-doing construction in Daejeon, Daejeon, on or around September 2015; and (b) around September 1, 2015, after entering into a subcontract for the construction of the Daegu-gu Pdoing construction and the Pdoing construction in Busan-si; (c) if the Defendant did not preserve the Defendant’s enemy, the president of the same company as the victim Q Q(54) who is the actual manager of the said M company, he would receive money by threatening the fact that the said company subcontracted the re-doing construction to the Defendant, who is an unregistered constructor, to the investigation agency or the competent authority.