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(영문) 대구지방법원 2020.08.13 2020고정737

근로기준법위반

Text

Defendant shall be punished by a fine of 300,000 won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a user who has conducted human resources introduction business using 180 full-time workers as the representative of the CG branch office located in the 15th Seoul metropolitan building.

An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract.

Nevertheless, the Defendant did not specify in writing wages, contractual work hours, holidays under Article 55, annual paid leave under Article 60, and other working conditions prescribed by Presidential Decree when concluding a labor contract on December 23, 2019 with D and D working at the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The application of Acts and subordinate statutes to behaviors, employment contracts, letters, details of letters, telephone conversations, the place of service, the payment register of wages, and employment applications after filing an accusation;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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