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(영문) 의정부지방법원 고양지원 2014.01.08 2013고정311

근로기준법위반

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a user who operates service business as a representative of E in the Dtel 1029 located in Ilyang-dong, Busan Metropolitan City C.

The Defendant did not pay KRW 420,00 on July 7, 2012, which was work from February 1, 2012 to July 7, 2012 at the same place of business, within 14 days from the date of retirement without an agreement between the parties on extension of the due date.

Although the Defendant, at the time of concluding a labor contract, must clearly state in writing matters concerning the constituent items, calculation method, and payment method of wages to workers, the Defendant did not comply with the signing of a labor contract with F working in the above workplace on February 1, 2012.

Summary of Evidence

1. Legal statement of witness F;

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

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 114 and 17 of the Labor Standards Act ( point of failing to prepare an employment contract);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

1. Articles 70 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;