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(영문) 울산지방법원 2019.07.25 2019고단2116

근로기준법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Ulsan-gun, Ulsan-gun, who runs D with ten full-time workers.

An employer shall, when concluding a labor contract, deliver workers with wages, contractual work hours, holidays, annual paid leaves, and other documents specifying the working conditions prescribed by Presidential Decree to the workers.

The same shall apply where working conditions, etc. are modified after concluding employment contracts.

Nevertheless, the defendant works in E from May 20, 2017 to December 11, 2018 at the above workplace.

Despite the change of wages from 130,000 won per day to 140,000 won on July 2, 2018 during the period of work of retired workers F, there was not a written employment contract specifying it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (including the fact that there is no other previous conviction and the fact that the relevant employee is not punishable, etc.);