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(영문) 의정부지방법원 고양지원 2017.08.08 2017고정690

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative of C in the Sinyang-si Dong-gu Seoul Metropolitan City, who is an employer who employs two full-time workers and operates liquid work.

An employer shall clearly state wages, fixed labor calculation, holidays referred to in Article 55 of the Labor Standards Act, annual paid leaves referred to in Article 60, and other labor conditions prescribed by Presidential Decree to workers when concluding an employment contract, and shall deliver written statements specifying the items of wages, methods of calculating and paying wages, prescribed hours of work, holidays referred to in Article 55, and annual paid leaves referred to in Article 60 to workers.

Nevertheless, the defendant employed from February 4, 2016 to March 11, 2016 at the above workplace and retired from office D and on February 4, 2016, the defendant did not issue to the above workplace a document stating matters concerning the calculation method of wage items, payment method, prescribed work hours, prescribed work hours under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the fact that a crime is recognized and reflected, there are circumstances to consider the circumstances in which documents on the instant labor contract were not issued, and the fact that there is no criminal history against the defendant);