근로기준법위반등
Defendant shall be punished by a fine of 200,000 won.
When the defendant does not pay the above fine, 100,000 won.
After remand, the prosecutor appealed only the part dismissing the prosecution against the violation of the Labor Standards Act in the judgment before remanding the case. The remaining part is finalized. The part dismissing the prosecution against the violation of the Labor Standards Act by the judgment of remanding the case is reversed and remanded to the appellate court. Thus, the scope of the trial by this court is limited to the violation of the Labor Standards Act.
Punishment of the crime
The Defendant, as an actual operator of the Category B (State) located in Chungcheongnam-si, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, is an employer who has employed one construction manager under a contract for the incidental civil engineering and packing works among the new construction works located in Jincheon-gun, Chungcheongnam-do, and operates one construction business (top) and equipment leasing business.
An employer shall clearly state wages, contractual working hours, holidays referred to in Article 55 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding a labor contract.
In such cases, a document stating the matters concerning the calculation method, payment method, prescribed working hours, holidays, etc. under Article 55 shall be delivered to workers.
Nevertheless, while entering into an employment contract with FF from May 1, 2015 to October 14, 2016, the said business did not issue a document stating the method of calculating wages, the prescribed working hours, etc. while entering into an employment contract on May 1, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Application of F’s written Acts and subordinate statutes;
1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 of the relevant Act on criminal facts;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;