beta
(영문) 대전지방법원 천안지원 2019.08.29 2018고단724

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd. in the Gangnam-gu, Seoul Metropolitan City, and is an employer who runs cleaning service business in the E Hospital located in the Dong-gu, Chungcheongnam-gu, Seoul Metropolitan City, by using 48 full-time workers.

When an employer concludes a labor contract, he/she shall clearly state the matters concerning the constituent items, calculation method, payment method, contractual work hours, holidays and annual paid leave, and deliver a written document stating such matters to the worker.

Nevertheless, the Defendant did not deliver to the said workplace a written statement specifying the constituent elements, calculation method, payment method, contractual work hours, holidays, and annual paid leave when entering into a labor contract with F and E and E and E in the same workplace on February 2, 2016.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement concerning G;

1. A written accusation;

1. Application of the document confirming receipt of employment contracts, written employment contracts (Evidence No. 23), written confirmation of non-issuance of employment contracts and the Acts and subordinate statutes;

1. Subparagraph 1 of Article 114 of the Labor Standards Act and the main sentence of Article 17 (2) 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;